• UGI USER
  • Jan 08, 2024
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SUPREME COURT REVIEW: REINFORCING JUDICIAL FUNCTION”

Why in the News?

  • The Supreme Court swiftly reviews a Calcutta High Court ruling on underage sexual abuse.
  • Issues: The judgement oversteps its boundaries by suggesting amendments to laws and establishes moral conduct principles for adolescents.
Source: Legalogy

Supreme court’s view on Judge’s Role?

  • Judges’ role is to interpret and uphold laws, not enforce personal beliefs or advocate social change from the bench.
  • While they can identify legal gaps for legislative action and assess laws’ alignment with the country’s legal basis, they shouldn’t act as social influencers.
  • The Supreme Court’s intervention aims to affirm the Constitution’s separation of powers and curbing judicial overreach within the judiciary.
Key Terms:

Separation of Powers

Separation of powers in India refers to the distinct functions assigned to the executive, legislative, and judicial branches, ensuring a system of checks and balances to prevent the abuse of authority and promote democratic governance.

Judicial Overreach

Judicial overreach occurs when the judiciary exceeds its constitutional limits by intruding into policy matters or making decisions beyond its jurisdiction, disrupting the balance of powers and potentially encroaching on the roles of other branches of government.