Supreme Court tells judges |
Judges should not exhibit "judicial valour" by passing sweeping orders that encroach on the domain of the executive and legislature as the separation of powers among the organs of the state must be honoured, the Supreme Court has said.A bench of Justice Dipak Misra and Justice Amitava Roy said the power to enact a law has not been conferred on the judiciary and the courts cannot add words to a statute or read words that are not there into it and expressed concern over increasing instances of courts dabbling in policy and law-making.The SC said, the judges should not proclaim that they are playing the role of a lawmaker merely for exhibition of judicial valour. They have to remember that there is a line, though thin, which separates adjudication from legislation. That line should not be crossed or erased." It held the court cannot issue any direction to the legislature to make law because under the constitutional scheme, Parliament and legislative assemblies exercise sovereign power to enact laws and no outside power or authority can issue a direction to enact a particular piece of legislation.Some of the directions are in the sphere of policy. A court cannot take steps for framing a policy.
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