The judiciary mustn’t violate the separation of powers
It must respect the functional and structural reasons why its role is distinct from that of Parliament
Last week, India’s Supreme Court stayed the implementation of three farm laws in response to protests by certain farmer groups, continuing its interventions in important matters of policy. What is surprising, however, is that the court did not state any legal or constitutional basis for the stay order. Instead, the court intervened as a self-appointed mediator, because “the negotiations between the farmers’ bodies and the government have not yielded any result." In the process, the court has violated both India’s functional as well as structural separation of powers.