Judicial Overreach

In its recent judgment, the Supreme Court of India have ordered to pay the arrears of adjusted gross revenue (AGR) by telecom companies over a 10 years period have raised the questions about whether the Apex Court at times moves beyond settling disputes over legal questions into the domain of the executive. The government had made a formal submission to the Supreme Court to stagger payments over 20 years. However, the Court viewed, after extensive discussion, it excessive. The executive, which is entrusted with the task of steering the economy, felt that the 20 years is appropriate time in this regard. The reduction of time duration from 20 years to 10 years push the industry toward financial stress. Supreme Court is also considering the loan moratorium scheme of banks. These decisions indicate the overstepping by the Apex Court that can lead to complications in the Indian economy. Therefore, it is suggested that all branches of the State must act accordingly the spirt of the Constitution.

Dr. Sanjay Kumar Pandey, Associate Professor, Unitedworld School of Law (UWSL)

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