Chief Justice S H Kapadia cautioned the judges today against taking over the functions of the legislature. Kapadia maintained that the judiciary should exercise self-restraint and respect segregation of responsibilities between the Executive and the Judiciary.
“We must refuse to sit as a super-legislature to weigh the wisdom of legislation. We must remember that our Constitution recognises separation of powers and that the legislatures and the government can be made accountable for their legislation and actions by the electorate if they err,” Justice Kapadia said.
“In many PILs, the courts freely decree rule of conduct for government and public authorities which are akin to legislation. Such exercises have little judicial function in them,” he further said.
Kapadia said that the function of courts is to review the acts of the legislature and not to substitute their own policies on the society or the legislature.
