Courtroom Policy-making
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What is courtroom policy-making?
- Courtroom policy-making or judicial policy making refers to the formulation of policies by the judiciary.
- In general, the domain of policy making in India is reserved for the executive and legislative branches of the government. This is a consequence of the concept of separation of powers- a part of the basic structure of the Indian Constitution.
How did this happen?
- There is a concern that the judiciary has been incrementally usurping the administrative power.
- This began with AIJA case (All India Judges Association):
- In this case, the AIJA represented judges, appointed to district courts, at the Supreme Court to seek better service conditions.
- The 1st judgement was given in 1991
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