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What's the article about?
It discusses the President's and Vice President's opinions on the ongoing tense interplay between the executive and the judiciary over the appointment of judges.
Relevance:
- GS2: Indian Constitution—Amendments, Significant Provisions and Basic Structure; Separation of Powers between various organs; Structure, Organization and Functioning of the Executive and the Judiciary.
Note: This article is a follow-up to the analysis published on November 19, 2022. Thus, before reading this analysis, go through this one.
Context:
- Indian Constitution provides for the separation of powers between three organs of the modern state – Executive, Legislative and Judiciary.
- Every organ is supreme in its own sphere, and it is ideal for them not to intervene in the spheres of others.
- However, due to exceptional circumstances, this ideal of separation of powers is not maintained.
- There have been instances where the judiciary has intervened in the legislative and executive spheres.
- These interventions are sometimes necessary, and other times they are considered transgressions by other two organs. (Judicial Activism, Restraint & Overreach)
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Judicial activism signifies the proactive role of the Judiciary in protecting the rights of citizens.
Judicial Restraint is the antithesis of Judicial Activism. Judicial Restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power.
When Judicial Activism goes overboard, and becomes Judicial Adventurism, it is referred to as Judicial Overreach. In simpler terms, it is when the judiciary starts interfering with the proper functioning of the legislative or executive organs of the government.
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- Procedures for judicial appointments are now a source of contention between the executive and the judiciary.
Views of the President: These can be directly used in answers and interviews, hence given as it is.
“The Constitution outlines a map for good governance. The most crucial feature in this is the doctrine of separation of functions and powers of the three Organs of the State…. It has been the hallmark of our Republic that the three organs have respected the boundaries set in place by the Constitution… It is understandable that in the zeal to serve the best interests of the citizens, one or the other may be tempted to overstep. Yet, we can say with satisfaction and pride that the three have always attempted to keep the boundaries in mind while doing their best to function in the service of the people.”
Views of the Vice President: These can be directly used in answers and interviews, hence given as it is.
“Democracy blossoms … when its three facets… scrupulously adhere to their respective domains. The sublimity of the Doctrine of Separation of Powers, is realised when Legislature, Judiciary and Executive optimally function in tandem and togetherness, meticulously ensuring scrupulous adherence to respective jurisdictional domain. Any incursion by one, howsoever subtle, in the domain of [the] other has the potential to upset the governance apple cart.”
Analysis:
- While the President’s words do not point a finger at any particular organ of state, the Vice President directly accused the judiciary for the “grim reality of frequent incursions”.
- He said this in the context of the Supreme Court’s decision to strike down the 99th Constitutional Amendment setting up the NJAC.
Way Forward:
- The office of the Republic’s President is above politics. The Vice-President has to be fundamentally above politics too.
- All three organs must take these views on the separation of powers seriously. Furthermore, the Judiciary and Executive should collaborate to develop a novel, well-balanced method for appointing the higher judiciary, as coordination between these two organs is also one of the Constitution's fundamental features.
