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The importance of the Indian court upholding the principle of separation of powers as laid down by Montesquieu. It highlights instances where courts have overstepped their bounds and encroached upon the executive or legislative domain. The document emphasizes the need for judicial restraint and the importance of each branch of government staying within its assigned functions to maintain the balance in the Constitution.
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When a State action is challenged, the function of the court is to examine the action in accordance with law and to determine whether the legislature or the executive has acted within the powers and functions assigned under the constitution and if not, the court must strike down the action. While doing so the court must remain within its self-imposed limits. The court sits in judgment on the action of a coordinate branch of the Government. Unfortunately, despite these observations in the above – mentioned decisions of this Court, some courts are still violating the high constitutional principle of separation of powers as laid down by Montesquieu.
Recently, the Courts have apparently, if not clearly, strayed into the executive domain or in matters of policy. For instance, the orders passed by the High Court of Delhi in recent times dealt with subjects ranging from age and other criteria for nursery admissions, unauthorized schools, criteria for free seats in schools, supply of drinking water in schools, number of free beds in hospitals on public land, use and misuse of ambulances, requirements for establishing a world class burns ward in the hospital, the kind of air Delhiites breathe, etc. These were matters pertaining exclusively to the executive or legislative domain. If there is a law, Judges can certainly enforce it, but Judges cannot create a law and seek to enforce it.