Non-justiciability

Introduction:

Non-justiciability in India is an extreme form of exemption. In every jurisdiction, there are some cases that cannot be decided by a court of law either because they are not appropriate for a court to decide or because the courts lack the authority to do so. Non-justiciability is an exemption that is common in many countries, but it has been given much more weight in the Indian context. In the Indian system, non-justiciability applies to subjects that have been expressly excluded from judicial review or where legislation explicitly denies jurisdiction to a court to adjudicate on any matters related thereto.

What is the meaning of Non-Justiciability?

Non-justiciability is the doctrine that makes a matter inappropriate for being settled by a court of law. In other words, it means that a matter of Jurisdiction cannot be tried by the Court.

It is usually found in constitutions as a restraint on judiciary to prevent them from intervening or deciding matters which are considered as inappropriate in nature.

In India, non-justiciability was used to not only shield the legislature and executive but also to protect the fundamental rights. It is based on two main ideas: 

(1) legislative supremacy and 

(2) separation of powers between various branches of the government.

Importance of Non-Justiciability:

The doctrine of non- justiciability has been treated as an exception to the general rule of judicial review. It is an exception in which courts, who are otherwise duty- bound to monitor the legality and constitutionality of Government action, may find themselves unable to interfere.

The significance of non-justiciability can be explained with the help of the following examples:

(1) The Indian Constitution has provided that no court can adjudicate upon the question whether a particular treaty is or is not invalid on grounds similar to those on which it can adjudicate questions relating to ordinary laws made by the government.

(2) There are fundamental rights under Article 19 like, freedom of speech and expression, freedom to assemble peacefully and without arms etc. but the Courts refused to interfere in the case of states like Maharashtra and Goa.

(3) The state of Himachal Pradesh passed a law in 1990 saying that the Commission for Protection of Child Rights shall not have any role to play in any dispute regarding child care, protection order or custody. The government was arguing that the Commission does not have any power to decide on this matter.

Finally, the Supreme Court declared this limitation as unconstitutional and non-justiciability.

Significance on Non-Justiciability:

The significance of non-justiciability was emphasized in India because of the following reasons:

(1) It was given very much importance as a basic principle of constitutionalism

(2) It has been viewed as an instrument to solve political problems.

(3) It is used to protect the basic structure of the constitution which includes the freedom of speech and expression, right to property, rule of law and fundamental rights.

Examples of Non-Justiciable Rights:

i) Rights on private life: The Indian constitution has non-justiciable rights that protect the fundamental rights of private life which includes privacy, dignity and integrity.

ii) Fundamental rights – The Indian constitution has a set of fundamental rights, some of them are as under:

iii) Right to equality-Right to equality is one such right which is considered as one-of-its kind where there is absence of justiciability.  It means that no person can initiate any proceeding against anyone else for discrimination or violation on grounds including religion, race, caste, ethnicity or national origin.  This right can be enforced in the High Courts only after exhausting all other remedies.

iv) Right to representation-It is one of the essential principles of democracy for a citizen to have the right to representation.  This right was also given in the constitution as a non-justiciable right. v) Right against errors of law-In India, it is one of the non-justiciable rights which ensures that no person can be made to suffer for an error in law if it was not committed intentionally by him.

Conclusion:

Non-justiciable rights are considered as a part of basic constitution but there were many laws related to it. The basic reason behind it is that the act should be established in perspective of the constitution. Non- justiciable laws protect the fundamental rights and it cannot be debated by the court.