Judges should not act like emperors, says SC

Source: The Hindu

What is the news?

Supreme Court has reiterated that public officers should not be called to the court unnecessarily.

  • The bench observed this while considering an appeal against Allahabad High Court judgment as it noticed that the High Court summoned the Secretary, Medical Health in court.
SC’s observations
  • On separation of powers: The legislature, the executive and the judiciary all have their own broad spheres of operation. It is not proper for any of these three organs of the state to encroach upon the domain of another, otherwise the delicate balance in the Constitution will be upset, and there will be a reaction.
  • A court can always set aside a decision which does not meet the test of judicial review, but summoning officers frequently “is liable to be condemned in the strongest words.
Rationale

Court said that the presence of public officers comes at the cost of other official duties demanding their attention. It may eventually take a toll on the tasks they are supposed to do for the public.

 

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