The Union government had appointed a high level committee comprising revenue secretary; deputy governor, RBI; Directors, IB, CBI, (financial intelligence unit) and ED; chairman, CBDT and DGs, Narcotics Control Bureau and Revenue Intelligence. The Supreme Court added three more members to it-two former judges and Director, RAW-and rechristened it as SIT. Even now the investigation will be done by the police, but what is unprecedented is that the SIT will report to a former judge. Under the Cr. Pc., the court cannot take over investigation though it can appoint any one to investigate impartially to its satisfaction.
In another case, Nandini Sundar- vs- Chhattisgarh, the apex court declared the appointment of special police officers (SPO) under the policy of arming of a civilian vigilante group, the Salwa Judum. In both these cases, the court has lambasted the neo-liberal economic policy of the government and held it responsible for the growth of black money and invidious inequality which has led to the menace of Naxalism. Both judgments are replete with condemnation of the state’s “amoral” economic policies in florid language. The question is: Are judges competent to do it? Chief Justice of India S. H. Kapadia, while delivering the Motilal Setalvad Memorial Lecture, diagnosed the disease properly and cautioned his colleagues against breaching the doctrine of separation of powers: “We do not have the competence to make policy choices and run the administration…Under the doctrine of separation of powers, each of the above organs must stay within the powers allocated by the constitution.” Justice Kapadia rightly raised the issue of accountability. If one examines all the above cases it is pretty clear that judicial activism is against the legislative hegemony but the question may arise is it against democracy? Legislative is a democratic body. It gains the authority from