ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Judicial Overreach

A lthough it is heartening to see the recent Supreme Court (SC) verdict for central and state services, curbing the opacity of the transfer process and undue political interference, it reeks of judicial activism. However noble the cause, it is not the prerogative of the judiciary to make policy and guidelines for internal operation of these services. This is clearly a case of overreach by the judiciary onto the executive turf.

On the other hand, in the present context the measure seems quite necessary indeed, with an irresponsible government taking a myopic view on most, if not all, problems faced by Indian democracy – depleting coal reserves for instance (E A S Sarma, “Myopia on Coal”, EPW, 2 November 2013). The executive branch of the government seems to be looking continuously for short-term fixes for long-term problems.

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