The article “Dispensing national resources” by M J Antony (December 15) points out that the scope of judicial review of administrative action is confined to the decision-making process. Of late, however, the judiciary has become increasingly active and assertive, breaching and blurring the Laxman rekha. This can disturb the equilibrium among the three different organs of the state — the legislature, the executive and the judiciary. The concept of separation of powers is based on the assumption that power corrupts and absolute power corrupts absolutely. Therefore, it is necessary to divide the powers among different organs with proper checks and balances. This has also been incorporated in the Constitution. Therefore, it is astonishing that the judiciary is not maintaining the equilibrium.
The recent hearings in the Supreme Court on the 2G spectrum case and the CVC appointment case point to the deviations made by the Supreme Court. In the 2G spectrum case, the Supreme Court is directing the Central Bureau of Investigation on how and whom it should investigate — these matters are the prerogative of the investigating agency and are executive in nature. In the CVC appointment case, the Supreme Court is examining the suitability of the incumbent rather than looking into the legality of the appointment or the eligibility of the candidate.
K D Singh, New Delhi
