Article : Powers of separation
Check out this article by Pratap Bhanu Mehta on the recent events involving the judiciary.
The Supreme Court’s order in the case concerning OBC reservations seems to yet again set the stage for serious awkwardness in the relationship between the judiciary and other branches of government.
Very mildly put. I think we are unfortunately heading for a landmark showdown. Politicians raise unrealistic hopes among their vote banks, then when faced with constitutional questions will try to point fingers at the judiciary. The creamy layer example is a case in point.
But if you ask the question, who decides when separation of powers has been breached, the answer turns out to be the judiciary. Thus rather than establishing the equality of the three branches, the separation doctrine inevitably ends up undermining itself by privileging the judiciary.
Is there any other option ? We all want a harmonious relationship between the two branches of democracy – but a more agressive legislature will invite a more aggressive response from the judiciary. Laws are forever, politicians are only for five years. We are only a few short steps away from total anarchy.
The judiciary has unequivocally excluded the creamy layer in the past. But therein hangs a tale of the de facto limits of judicial power. The creamy layer provisions have often not been enforced, the court has not been able to punish anyone for flouting its orders, and judicial directives on reservations have easily been overturned by constitutional amendment.
See, we are a cycle gap country. If judgements and policies are not watertight and leave a crack in the door for exceptional cases. We will attempt to drive a 18 wheeler through that gap.