GS 2: PolityGS 2: Governance

If a wing of democracy fails, would court have to sit idle, asks SC; reserves verdict, Pg9

Supreme Court debates judicial intervention when other state organs fail; reserves verdict on presidential reference regarding Governor's powers.

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Key Highlights:

  • The Supreme Court has reserved its decision on a reference by President Droupadi Murmu regarding the court's power when other state organs fail in their duties.
  • The Centre argued that a court issuing a mandamus to another constitutional body would violate the separation of powers principle.
  • The Chief Justice of India (CJI) questioned whether the court should remain idle if another wing of democracy fails to discharge its duties.
  • The case arose after the Supreme Court set timelines for Governors to act on pending bills in Tamil Nadu, and for the President to decide on bills reserved for consideration.

Detailed Insights:

  • The core issue revolves around the separation of powers doctrine and the judiciary's role in ensuring constitutional duties are fulfilled by other branches of government.
  • The Attorney General argued that setting timelines for constitutional functionaries could lead to unwanted litigation and judicial overreach.
  • The Supreme Court expressed concerns that the Tamil Nadu verdict might lead to excessive monitoring and control of the legislative process by the courts.
  • A mandamus is a judicial writ ordering a government official or entity to properly fulfill their official duties or correct an abuse of discretion.
  • The President's reference included 14 questions about the implications of the Supreme Court's earlier verdict on pending bills.

Key Concepts Involved:

  • Separation of Powers: The division of governmental power among different branches (legislative, executive, judicial) to prevent tyranny.
  • Mandamus: A judicial writ compelling a government official or entity to fulfill a duty.
  • Judicial Review: The power of the judiciary to examine the actions of the legislative and executive branches and determine their constitutionality.
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