Refrain from judicial overreach: It'll strengthen India's judiciary

The suo motu powers of courts are essential to secure justice and the public interest but their overuse can have adverse results

- VIJAY L. KELKAR & PRADEEP S. MEHTA

In recent years, the Indian judiciary's use of suo motu powers has sparked significant debate. Originally intended to protect the public interest, ensure justice and address issues that may otherwise go unnoticed, this power is now being scrutinized for its potential misuse.

While it remains a critical tool for courts to intervene in urgent and extraordinary matters, its growing invocation in cases already under the jurisdiction of lower courts, or where political motivations are perceived to influence decisions has raised an alarm. Such practices risk fostering public cynicism vis-a-vis the justice system.

This not only creates a sense of redundancy, but also delays the resolution of cases. In the instance of the tragic rape and murder of a trainee doctor in RG Kar Medical College, Kolkata, the Supreme Court's intervention came after significant steps had already been taken by the Calcutta high court, leading to questions about the necessity of its involvement at that stage. Such actions risk overshadowing the work of high courts, which are closer to the ground and better placed to handle region-specific issues.

When higher courts assert control over matters already in progress, unless it suspects some engineered delays, it can create jurisdictional tensions that tend to detract from the effectiveness of the overall judicial system.