Judicial Limitations in Comparative Constitutional Law
September 30, 2019
Many constitutions begin with the we the people and in responding the interest of people as the true owner of the constitution, we have to look into which constitution will be the most appropriate instrument to protect the interest of the people. In relation the question has to be asked is that can judiciary occupy the monopoly power over the interest of we the people. Judiciary in constitutional democracy is overpowering the other state organs to serve the interest of people by the mechanism of judicial review. Through the interpretation of judiciary limits of other organs of state or parliament is decided but none such organ decides the limitation on judicial powers. Judiciary has been extending its boundaries for the sake of protection of interest of people and many such examples can be seen through 2018 cases including Sabrimala judgment by the apex court. Judiciary as a set of people in the cases on dissenting and others assenting decides the interest of whole society. The limitations over the exclusive and monopoly powers of judiciary are again a great concern which requires further deliberations.
The soul is basic structure of the constitution. Body can be amended and changed but not the soul of the constitution. Making constitution contemporaneous is important as there are three organs of state i.e. judiciary, executive and legislation which co exist with each other. No one is superior or inferior from one another. Each organs need the mutual respect from each other so that compatibility can be maintained throughout, which certainly will provide support and best output for the interest of the people. Courts are expanding its jurisdiction beyond the boundaries and as for now nothing is left which does not comes under the judicial ambit. This issue certainly required readdresses. Further, we need to enrich our constitution from other constitutions adopting the best practices suitable to our country. Limitation of judicial review is not a straight jacket formula that can be designed it is something which develop with time and with different cases. Conscious of the judge is that always limits his powers but at end of the day where does it lead to is to be traced.
To further deliberate on the topic a South Asian Colloquium on Commonwealth Comparative Constitution and Public Law on 16th & 17th of January, 2018 organized at Lloyd Law College, best law colleges in Delhi, which witnessed Presence of eminent judges like Mr. Justice Syed Rafat Ahmend, Judge Supreme Court of Bangladesh, Mr. Justice Priyantha Jaywardhane, Judge Supreme Court of Sri Lanka, Mr. Justice Ajay Kumar Mittal, Judge High Court of Punjab and Haryana, and Justice Avneesh Jhingan, Judge High Court of Punjab and Haryana etc.
Lloyd Law College