SC sounds caution on judicial overreach

Days after the Centre moved the Supreme Court seeking the recall of its order to set up a special investigating team (SIT) in the black money case on the ground that it amounted to judicial overreach, an apex court on Monday cautioned the judiciary from encroaching the legislative's powers.

Days after the Centre moved the Supreme Court seeking the recall of its order to set up a special investigating team (SIT) in the black money case on the ground that it amounted to judicial overreach, an apex court on Monday cautioned the judiciary from encroaching the legislative's powers.

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A bench of justice Markandeya Katju and justice CK Prasad said: "There is broad separation of power in the Indian constitution. As held by this court, it is not proper for the judiciary to encroach into the domain of the legislature or the executive."

The court's observations came while it quashed two separate judgments of the Madhya Pradesh and Gujarat high courts that upheld Central Administrative Tribunal's (CAT) order directing Railways to regularise its casual employees.

"In our opinion, the direction to frame a scheme for appointment can only be given by the executive (and that too according to Article 16 and other provisions of the Constitution)," the bench said

The court further held that a direction to regularise an individual's service is "a purely executive function and such a direction cannot validly be given by the judiciary."

It took strong exception to the fact that both high courts ordered regularisation of such persons who were not even railway employees.

The apex court's order comes close to the heels of Centre's recall application in the black money case. Urging the court to review its order to set up the SIT, the government has claimed that its economic policy cannot be subject to judicial review.