Top court strengthens rule of law, reiterates separation of powers
1 month, 4 weeks ago

Top court strengthens rule of law, reiterates separation of powers

Hindustan Times  

The Supreme Court verdict establishing safeguards against arbitrary demolitions serves as a powerful statement against the misuse of executive authority, particularly in instances of what has been termed “bulldozer justice”. The top court observations on the rule of law, separation of powers and government accountability carry important implications for democratic governance, making it imperative to delve into the judgment’s key points. It asserted that arbitrary executive actions erode public confidence in the justice system and lead to “an environment where the rule of law is compromised by lawlessness”. Quoting earlier decisions that have held the rule of law as part of the Constitution’s basic structure, the court stressed that executive actions that bypass judicial process effectively undermine democratic governance. The court held that even for individuals convicted of heinous crimes, the punishment cannot include property demolition without statutory procedures and safeguards, reinforcing that any punitive measures must always comply with due process.

Law Constitution Court Demolition Due Process Judicial Process Public Trust Arbitrary State Public Rule Executive Individual Separation Powers Actions Top Court Collective Punishment This Principle Executive Actions No Individual Punitive Measures  reiterates  strengthens  actions  state  court  rule  powers  law  public  individual  arbitrary  separation  demolition  executive

History of this topic

Can Executive Tinker Court's Directions Through Ordinance? Supreme Court Asks In Plea Challenging Tribunals Reforms Ordinance
3 years, 7 months ago

Can Executive Tinker Court's Directions Through Ordinance? Supreme Court Asks In Plea Challenging Tribunals Reforms Ordinance

Live Law  

Appearing before the bench of Justices L. Nageswara Rao, Hemant Gupta and Ravindra Bhat, the AG raised a preliminary objection regarding the scope of judicial review in the present issue, which he said, are policy decisions. Just as the Legislature and the Executive cannot trench upon the jurisdiction of the Judiciary, it is not within the competence of the Judiciary …

Judicial Review: Only Palpably Arbitrary Decisions Of Executive In Economic Matters Can Be Interfered With: SC [Read Judgment]
5 years, 6 months ago

Judicial Review: Only Palpably Arbitrary Decisions Of Executive In Economic Matters Can Be Interfered With: SC [Read Judgment]

Live Law  

The Supreme Court, on Monday, observed that while adjudging the validity of an executive decision in economic matters by exercising power of judicial review, it is not errors, but only palpably arbitrary decisions alone can be interfered with by the High Courts.In this case, the fee structure fixed by Telangana Admission and Fee Regulatory Committee, which was later approved by …

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