The courts are increasingly intervening in matters without providing sound legal reasoning
On January 12, 2021, the Supreme Court stayed the implementation of three controversial farm laws passed in September 2020 and ordered the constitution of a committee of experts to negotiate between the farmers’ bodies and the Government of India. Rather than deliberating on the constitutionality of the three laws, the court appears to be trying to move some of the parties towards a political settlement. Arguably, in doing so, it is wading into the domain of the government.
Has the court in this case abdicated its constitutional duty mandated by the Constitution and is this a growing trend? Anuj Bhuwania (a Professor at the Jindal Global Law School and author of