In the strongest censure of itself in recent times, the Supreme Court, admitting that judicial activism is disturbing the “delicate” balance of powers “enshrined” in the Constitution, has sent an unequivocal message to the judiciary: restrain yourself.

And has even gone to the extent of questioning a slew of recent orders by the Delhi High Court — on several issues from demolitions to nursery admissions — calling them “illegal.”

“Judges must know their limits and must not try to run the Government. They must have modesty and humility, and not behave like Emperors. There is broad separation of powers under the Constitution and each organ of the State — the legislature, the executive and the judiciary — must have respect for the others and not encroach into each other’s domain,” said a bench comprising Justices A K Mathur and Markandeya Katju today.

Pointing to orders passed on subjects like identifying buildings to be demolished, legality of constructions in Delhi, nursery admissions, number of free beds in hospitals on government land and several other decisions, it held that the Courts have “apparently, if not clearly, strayed into the executive domain or in matters of policy.”

“In our opinion these were matters pertaining exclusively to the executive or legislative domain. If there is a law, judges can certainly enforce it but judges cannot create a law and seek to enforce it,” the bench said.

“The judiciary should only act as alarm bell, it should ensure that executive has become alive to perform its duties,” the bench said adding that it was unwilling to accept the “justification” given for judicial encroachment — that the other two organs are not doing their jobs properly. “Even assuming if this is so, the same allegation can be made against the judiciary too because there are cases pending in courts for half a century,” it said.

... contd.