Power of Judicial Review Does Not Undermine Doctrine of Separation of Powers: Supreme Court

New Delhi: Rejecting the Centre's argument that it should refrain from examining Section 6A of the Citizenship Act, the Supreme Court on Thursday said the power of judicial review does not undermine the doctrine of separation of powers.

The observations came while upholding the constitutional validity of Section 6A of the Citizenship Act which grants Indian citizenship to immigrants from Bangladesh who entered Assam on or after January 1, 1966 but before March 25, 1971.

Justice Surya Kant, writing for himself and Justices M M Sundresh and Manoj Misra, said, judicial review fosters the concept of separation of powers by ensuring a system of checks and balances to prevent constitutional transgression by any organ of the state.

"The power of judicial review does not undermine the doctrine of separation of powers... Separation of powers should be seen as a connection or link, rather than as a limitation or impediment; allowing the Court to ensure that the constitutional order prevails," Justice Kant wrote in a separate 184-page concurring judgement.

The judges rejected the submission of the Centre that the matter entails policy considerations, and therefore, doesn't require intervention.

"It is, therefore, abundantly clear that courts possess the authority to scrutinise whether legislative or executive actions contravene the Constitution...This aligns with the principle of separation of powers, which bestows upon the judiciary the authority to serve as a guardian against the actions of the legislature and executive, intervening to safeguard the interests of citizens when necessary," Justice Kant wrote.

The judgment said while the courts were entrusted with the authority to maintain checks and balances on the other branches concerning the Constitution and other legal provisions, they were not empowered to supplant the legislature by delving into additional facets of policy decisions and governing citizens in its stead.

"Since courts are not equipped to evaluate such factual aspects, they cannot be allowed to formulate policy," the court said adding policy matters ought to be entrusted to the legislature.

A Constitution bench comprising Chief Justice of India DY Chandrachud, Justice Surya Kant, MM Sundresh, JB Pardiwala and Manoj Misra delivered the judgements.

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