Do you think that the judicial intervention during pandemic encroached the executive domain in the country? Examine (200 Words)
Refer - The Hindu
Enrich the answer from other sources, if the question demands.
IAS Parliament 3 years
KEY POINTS
· Judicial intervention in response to the Union government’s response to the health crisis, with the Supreme Court order forming a 12-member national task force for the effective and transparent allocation of medical oxygen to the States and Union Territories.
· The Court has also mandated it to review and suggest measures for ensuring the availability of essential drugs and remedial measures to meet future emergencies during the pandemic.
· When the Karnataka High Court ordered last week that the Centre should supply 1,200 tonnes of medical oxygen daily to the State, the Centre rushed with a challenge to the apex court.
· Several High Courts and the Supreme Court are examining different aspects of the pandemic response, including availability of beds and oxygen.
· The trend did raise concerns about the judiciary encroaching on the executive domain.
· There is some merit in the argument that allocation of resources based on a formula related to the present and projected requirements of each State is indeed an executive function.
· However, as the daily infection numbers and death toll have acquired frightening levels, the constitutional courts felt obliged to take it upon themselves to protect the right to life and good health of the population.
· The Court was not usurping the executive’s role, but only wanted to facilitate a dialogue among stakeholders.
