Which of these characterizes Judicial Overreach as different from Judicial Activism or Judicial Revi...........

Indian Polity Judiciary

Download Solution PDF

Which of these characterizes Judicial Overreach, as different from Judicial Activism or Judicial Review?

Transgression of judiciary into executive or legislative domain

Judiciary passing orders to the executive on a matter of public importance

Judiciary nullifying a Parliamentary law that was passed by due procedure

All of the above

छोटे Courses बड़े Results

Master Judiciary

Prepare through Micro-courses

Try Now

Explanation:

Option A: Judicial Activism is one step ahead of judicial review, and judicial overreach is even ahead of judicial activism. For e.g. many contend that the scrapping of the NJAC Act was an act of Judicial overreach. The personal views of the judges, rather than existing laws, may guide judicial decisions in such cases. And, there is often an attempt to expand judicial boundaries into the legislative or executive domain.

Option B: It is not overreach. For e.g. Mandamus can be issued under A32 of the constitution.

Option C: This is a provision under A13 of the constitution. Laws ultra vires the constitution, even if passed by due procedure, are null and void.