Judicial Outreach: A concept legitimizing Judicial Overreach

Published on : May 10, 2021

A recent ongoing debate has been going on pertaining to acts of the judiciary during this time of pandemic. The period of pandemic during the year 2020 brought out a lot of criticism for the judiciary as there were not many successful attempts made by the judiciary. However, the year 2021 saw a more fierce face of the pandemic and India has gone into a state of massive suffering in the public health department.

Recently, when the High Courts asked the Centre to procure huge amounts of medical oxygen for the State, the Centre started questioning these orders. The Centre stuck to its opinion that constants orders from States will make it unmanageable for the Centre. When the Government put forth such plight before the Apex Court, stay of such an order was declined.

This is where the understanding of judicial outreach comes into picture. Judicial Outreach is effectively a situation where the judiciary does not primarily step into the shoes of Executive or Legislature, but uses its power to curb a menace which has been largely affecting the public and judiciary is the only solution. This is way different from Judicial Overreach. Judicial Outreach purely focus on fulfilling the socio-economic objectives and this is where the Judiciary takes it upon itself to protect Right to Life guaranteed to the people under our Constitution. here, any overlapping of powers upon the Executive or Legislature becomes purely incidental and such actions of the Judiciary becomes unquestionable.

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