THE TERM “JUDICIAL OVERREACH” HAS BEEN RECENTLY HITTING THE NEWS HEADLINES, So what is it ? what are its implications in the day to day administration’s ?
In order to explain the concept of judicial overreach, it is important that one must be well acquainted with the term ” Judicial activism”. Judicial activism is nothing but the judiciary plays an active role in various spheres of governance in order to ensure social justice . The concept of judicial activism pioneered in India by the Justices Krishna Iyer and Justice P.N. Bhagavati has created revolutionary changes in the role of judicial systems further leading to invention of innovative methods like PIL, Suo motto etc, which played a major role in addressing the problems of weaker sections of the society.
Although the line of separation between Judicial activism and Judicial overreach is quite narrow, there exist certain sort of dissimilarities in its definition as well as in its practicality. JUDICIAL OVERREACH is a situation by which the judicial activism crosses its limits and becomes judicial adventurism. Thus when judiciary oversteps in to the powers given to it, it creates conflicts between executive, judicial and legislative organs of the society.
EXAMPLES OF JUDICIAL OVERREACH : Order passed by the Allahabad High court making its compulsory for all Bureaucrats to send their children to government schools.
Implication of Judicial overreach in day to day governance :
- Judicial overreach destroys the spirit of separation of powers.
- It will creates conflicts between legislative and judicial systems of nation.
- Judicial overreach led to situations in which the judiciary encroaching upon the clearly defined spheres of executive and legislative organs.
- It led to Supreme court having less time for its mandated purpose of defending the constitution, protecting the rights of the people and resolving the disputes between centre and states.
- Conflicts between judiciary and legislative organs will create impedance in the various fields of administration thereby affecting the life of common people.
JUDICIAL ACTIVISM has been invented to in order to address the problems of weaker sections of the society, but over a decades of time its has been converted to Judicial overreach. Its time to define the perimeters of judiciary in matters of governance thereby avoiding the situations of judicial overreach and enhancing spirit of separation of powers in daily governance.
Almost 70 % of Indian forest types are of dry tropical forest types which are more vulnerable to natural or man made disasters, most importantly forest fires. Although forest fires have both rejuvenating and destructive roles, recent incidents of forest fires in places like Bandipur tiger reserve calls for adoption of more sustainable methods to avoid incidents of rampant forest fires which threatens both human life and biodiversity of the regions.
ISSUES CONCERNED WITH FOREST FIRES IN INDIA
- Minimal equipment support coupled with difficult situations raised due to challenging terrain made the fire fighting process in the Indian forest ecosystem more challenging one.
- Forest species like Lantana biomass with high amount of oil content aggravates the situations of forest fires.
- Cultural and livelihood importance of forest fires in the lives of forest dwellers create impedance for the implementation of government policies like ” No fire forest policy” .
- Adoption of traditional mechanisms make the fire fighting process less efficient.
Indian forest are one among the unique landscapes across the world that comprises rich flora and fauna. Being one of the 10 forest rich countries across the world , its time for India to adopt a multi pronged approach by incorporating technological advances like cloud seeding technique to fight forest fires, applications of drones to monitor forest fires, installation of heat sensing equipment’s and advanced night vision camera’s to provide adequate protection to the forests covers in the country.
Association of democratic reforms (non partisan non governmental body) had recently reported that the share of political funding has been increased beyond the limit, which indeed calls for electoral reforms to limit the conduits of corruption in the competitive electoral democracy.
ISSUES RELATED TO POLITICAL FUNDS IN INDIA
- Presently the political parties had to disclose only donation above 20,000 Rs.
- Although political parties are exempted from income tax pay, they are bound to pay the income returns before the respected authorities, and presently it is not been carried out by political parties.
- Lack of proper autonomous institutional framework to monitor such onshore and offshore funds.
- Lack of initiatives such as “CITIZEN ACTIVISM” in the administrative framework of elections, which helps to keep a close watch over political campaigning.
WHAT ARE THE CONSEQUENCES REDUCING SUCH TRANSPARENCY IN POLITICAL FUNDS IN INDIAN PERSPECTIVE ?
Well reducing the transparency in the administrative as well as political frameworks clearly signals the growth of social threats such as intolerance, exploitation etc affecting the daily life of common people. The consequences of reducing transparency in political funds can be evaluated under the following heads :
- Leads to increased corruption in the competitive electoral democracy.
- Further affects the agenda of conduct of fair elections in the country.
- Curtails the opportunity of the public to get the best men or women in the institutional life of Indian democracy.
- Exploitation and lobbying by the political parties on other entrepreneurial as well as other sectors of democracy which further affects the dreams of India and its initiatives such as Make in India, Start up India etc.
- Percolation of illicit black money by means of political funds affects the economic growth and other monetary policy targets, as well as leads to economic disparity.
- More corruption in the political institutions and public institutions will reduce the faith as well as interest of people in public initiatives and programmes.
- Exploitation of regional and other political agencies demanding funds affects other sectors like innovation, industry, etc, which further leads to other social problems such as unemployment, poverty, etc.
- Uncontrolled increase in the political funds will increase the conduits of corruptions and “fixing” in the election process, resulting in social threats affecting the integrity and unity of nation such as intolerance, agitations, protest, etc causing disruption in daily social life.
- Affects the ranking of India in Global institutions such as Transparency international, which often publishes corruption perception index. Presently India ranks 79.
- Leads to reduced FDI influx due to the unstable political as well as fiscal environment. Furthur affects the infrastructural development, investments etc.
SO HOW WE ARE BOUND TO REDUCE SUCH ISSUES OF POLITICAL FUNDS ..?
- Key to regulate political funds therefore lies in bringing down election expenditure and ensuring that it provides opportunity to get the best men and women in the institutional life of Indian democracy.
- Holding of simultaneous elections in Lok Sabha as well as State assemblies.
- Better and close monitoring of election process by the election commission.
- Short term and long term solution such as citizens activism that keeps a close watch over campaigning.
Initiatives like more digitisation, demonetisation of high value currency notes etc have been presently implemented with a motive to curb black money ,corruption,economic disparity, transparency etc. Now ,Indian being an aspiring country which seeks to ensure people friendly atmosphere in all socio economic political spheres, its time to take a call for ensuring more transparency in matters of political funding, thereby promoting fair and better competitive electoral mechanisms.