Courts certainly cannot interfere with the internal functioning of Parliament and legislatures about convening sessions, their timing and duration, the allotment of seats to members, its agenda of business and related matters. These are within the sole purview of the House. Judicial intervention is out of bounds even if there is malfunctioning in the House. However, if in exercise of powers and privileges claimed by Parliament the fundamental rights of a citizen are infringed, it is the duty of the court to adjudicate his complaint and give relief if the complaint is justified.

Often the occasion for judicial intervention is the inaction of the executive branch. In 1976, Parliament passed the Bonded Labour System (Abolition) Act. For a long time the act was not enforced till an NGO approached the Supreme Court. The court, departing from its traditional role, issued several directions. As a result the exploited bonded labourers secured much needed relief. Can this intervention be regarded as judicial overreach?

The court was confronted with the pervasive problem of sexual harassment of women in the workplace. The Court in its celebrated judgment, Vishaka, issued several directions which included definition of sexual harassment, the preventive steps that can be taken and also devised a complaints mechanism. Justice J.S. Verma, the architect of the celebrated judgment, was at pains to point out that these legally binding directions were pro-tem till Parliament enacted a law on the subject. Can the judgment in Vishaka, a classic instance of ad-hoc judicial legislation, be regarded as overreach? There can be two views about it but not about the beneficial effects of the judgment.

... contd.