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M J Antony: Constitutional turf war

A resolute Supreme Court justifies its role in fighting corruption

As long as the courts limit the exercise of their powers in administrative law to prohibit the commercial use of yaks or order the replacement of fibreglass boats in the Andaman islands, the executive and the legislature think the judiciary is acting within bounds. But if judicial review is extended to core areas like distribution of licences for telecom or mining industries, the government can raise a dozen constitutional questions. For instance, it attempted a three-pronged attack on the telecom judgment in CPIL vs Union of India. Two were dented, but the presidential reference has survived ...