The principles of judicial review laid down by the Supreme Court in the Bommai case and the Bihar assembly dissolution case were timely and salutary. Their wholesome consequence has been to prevent wanton onslaughts on the federal fabric of our Constitution and to restrain the Centre from yielding to the temptation of toppling state governments.

Problems really stem from the judiciary’s role in entertaining Public Interest Litigation petitions. Some orders and directions passed are beyond the judicial sphere and at times smack of judicial adventurism. For example, direction to the administration to construct roads and erect buildings, to secure lands in a particular locality for locating some industries, directions for huge ad-hoc monetary payments to riot victims which have serious budgetary implications. Again, directions to ensure timely running of trains or to relieve congestion in the city or combating the menace of monkeys are certainly instances of judicial overreach. Judges must withstand the temptation of publicity and also rid themselves of the belief that the judiciary alone can solve all the problems that afflict our nation and remember that PIL is not a pill for every ill.

There is no panacea to the problem of tension between the judiciary and the legislatures. Some degree of tension is inevitable. However friction can be avoided if each organ of the state correctly understands and respects the constitutional functions of the other organs.

The writer is former Attorney General for India