The Confluence of Judicial Guidelines and Justice
Volume IV, Issue I, 2021
In various instances, the Supreme Court of our country has resorted to issuing guidelines on matters where both the executive and legislature have not come up with legislation. This raises several important constitutional questions, the primary ones being related to the fundamental constitutional principle of separation of powers and concerns of judicial overreach. The powers to make laws and to lay down administrative decisions are vested exclusively with the legislature and the executive, and intervention by the Supreme Court gives rise to concerns that the judiciary oversteps its authority, interfering with functions of the other pillars of democracy. This article will present various instances where the Supreme Court has issued such guidelines, discuss their constitutional and legal status and effects, and analyze the Supreme Court’s interpretation of the same.
Keywords: Supreme court guidelines, separation of power, judicial overreach, administrative decision