The incident which took several twists and turns in previous 2-3 days shows that our judicial system, particularly at the level of Apex Court, is susceptible to emotional outbursts. It is not capable of laying down binding law, as envisaged in Article 141 of the Constitution of India, which is stable and predictable. You would rarely find such parallels in USA or UK. Our judicial system has over-expanded itself in the name of enforcement of fundamental rights through liberal interpretation. Article 21 has been disproportionately applied to situations which primarily lie in the domain of Executive. This is what I observed during Covid period. Courts took over even health-management system.
Some of its orders were in the nature of Office Memoranda which should have been issued by the Government.
This process of expansion started after the notorious Emergency was lifted. The judiciary which felt peeved during Emergency started innovating how to expand territory of judicial review. And now they have expanded it to such a disproportionate limit that they are themselves not able to manage their own house properly.
