Question

On what types of policy issues do you expect the judicial branch to be especially powerful, and on which do you expect it to exert less power?

Answer 1

The power of judicial review increases the growth of Supreme Court of India. This judicial review emerged from several debates between constitutionalism and democracy. The role of executive legislative and judiciary are adjusted by Indian constitution. Judiciary played an important role of structuring law and order. Judiciary in India is independent, because it is not under the control of executive and legislative. They have the power to declare any law or action. This independency of Indian judiciary makes it as the guardian of fundamental rights.

The Supreme Court ban the sale of liquor. This is an example of judicial overreach. This kind of policies is the domain of executive. Through intervening in this kind of policies will reduce the state revenue. Judiciary only have the power to intervening the process of making law and order. Among this protecting the fundamental rights of people, ensuing existing laws are followed by the government are the other functions of judiciary. There are two major asymmetries regarding judicial power. The first one is overreach of executive and legislature’s constitutional rights. Second, judiciary does not check the underperformance of executive.