Dear Editor, Recent decision of a World Bank tribunal directing the Pakistani government to pay a hefty fine and damages to the tune of 6 billion dollars to the mining firm Tethyan Copper as rattled the Pakistani establishment it’s core. Keeping in mind that the international monetary fund loan for which Pakistan had to fight a substantial bargaining battle with the world body is also around 6 billion dollar. The issue pertains to the quashing order by the then chief justice of Pakistan justice Iftikhar Chaudhary. He ordered a blanket ban on all the mining and extraction projects in and around the area in Balochistan on the charges of non-transparency in the bidding process. This order was passed after the firm had spent a substantial capital in in conducting the feasibility study along with the other groundwork in the area. This case presents a model case for the disastrous implication of judicial overreach. Judicial overreach is defined as the opposite of judicial restraint. Rather judicial overreach is judicial activism gone wrong. India has also seen several instances of judicial overreach and its widespread ramifications. The recent order of the Bombay High court quashing the clearance of a project where thousands of crores to develop the coastal Mumbai gad been been sanctioned is a case in point. Neither is the judiciary equipped to take such technical decisions nor is it having the necessary mandate to do so. Legislation is the domain of the parliament and it’s better to let the lawmakers make the laws for the country. The role of the judiciary is to check the constitutionality of the laws made by the parliament and not to make them. It’s high time that the judiciary realize the imbalance caused among the three pillars of the democracy by it’s over zealousness to step outside its prescribed role mentioned in the constitution. Rohit, Jammu.
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