Judicial Overreach

The term ‘Judicial overreach’ is often used when the judiciary oversteps its jurisdiction, that is, when it supposedly takes on an interfering role in the functioning of the legislative or the executive organs of the government. There is a rather narrow line diving judicial activism and judicial overreach. When judicial activism goes beyond what is acceptable, it is often called judicial overreach. Judicial activism is when the judiciary takes on an active role in society to dispense social justice. Tools used in this regard are suo motto cases and the Public Interest Litigation (PIL) even when there is no complaint from the aggrieved party. At the other end of the spectrum is judicial restraint.

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