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India’s Judiciary and Executive Clash Over Constitutional Boundaries

The Supreme Court's order on timelines for gubernatorial and presidential assent to state bills has intensified calls for judicial reforms and sparked debates on separation of powers.

West Bengal governor Jagdeep Dhankar

Overview

  • A Supreme Court two-judge bench recently mandated deadlines for the President and Governors to act on state bills, raising questions about judicial overreach.
  • Vice-President Jagdeep Dhankhar criticized the judiciary's order, calling for a National Judicial Appointments Commission to increase transparency and executive participation in judge appointments.
  • The Vice-President also questioned the judiciary’s use of Article 142, claiming it undermines representative democracy, and highlighted concerns over opaque judicial inquiry processes.
  • Legal experts and editorials have emphasized the need for larger constitutional benches to decide fundamental constitutional issues, citing the two-judge bench's order as controversial.
  • Both the judiciary and government are urged to adopt a non-confrontational approach to resolve the dispute, with appeals or review petitions under consideration to address the matter.