In many instances, courts in India are making rules on their own. Do you think courts should have such discretions? Justify.

Over the years India has built a strong and independent judiciary. Courts have played a significant role in safeguarding the fundamental rights of the citizens and many times the constitution itself.

Courts have resorted to the judicial activism in the recent times where judiciary actively  forced governments to take a certain stand in matters important to the public and giving governments of the day the direction to go. In these cases courts should have discretion because

  1. Governments might not take enough steps to resolve the people’s problems e.g. on excess pollution in Delhi, on water scarcity in Marathwada
  2. In cases of arbitrary decisions by the government and incompatible laws by parliament
  3. Suemoto actions in the forms of PIL by itself or by others in case larger public interest

But anything of too much is not good. Making policy decisions and laws are the duties of government and legislature respectively . Courts do not have to  tell how the government should do their work and on what matters laws should be made.

According to the constitution system has well balanced checks and balances. That should be preserved and neither courts nor government should try to dominated each other.

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