Context:

During the hearing of the case relating to the three farm laws, the Supreme Court reportedly observed that it may stay implementation of the laws. This raises the question of judicial overreach.

The provision under the constitution

• Under the Constitution, the Legislature, Executive, and Judiciary all have their broad spheres of operation.
• It follows that when a law is made by Parliament, it is only Parliament that can repeal or suspend its operation by making another law.
• The Court can declare a law ultra vires if it finds it unconstitutional, but it has no power to temporarily stay its enforcement even without recording a finding that it is prima facie unconstitutional.
• When a law is made by Parliament, it comes into effect immediately on receiving the assent of the President of India (unless it is a case of conditional legislation, which the three laws in question are not).

The concern over judicial intervention

• For a Court to stay its operation, would amount to thwarting the will of another organ of the State, which is sovereign within its domain, and would amount to judicial legislation.
• This would be violating the principle of separation of powers.
• It sets another precedent of Judicial Overreach.