In what ways can the constitution of special Inquiry Panels by the Supreme Court affect the balance of power between the judiciary and the executive?

The constitution of special Inquiry Panels by the Supreme Court is a significant tool for judicial intervention in matters of public importance or executive action. This practice can have multiple effects on the balance of power between the judiciary and the executive, impacting judicial independence, transparency, and their mutual relationship.

• Strengthening Judicial Oversight: By setting up Inquiry Panels, the Supreme Court can directly supervise investigations or inquiries, especially in cases where the executive’s impartiality is questioned. This enhances judicial oversight over the executive.
• Ensuring Transparency and Accountability: Such panels often operate under the direct gaze of the judiciary, which can increase transparency in sensitive matters. This can compel the executive to act more responsibly and be accountable for its actions.
• Safeguarding Judicial Independence: The ability to constitute panels allows the judiciary to function independently without relying solely on executive agencies for fact-finding. This reduces the risk of executive interference in judicial processes.
• Potential for Judicial Overreach: Frequent use of inquiry panels might be perceived as the judiciary encroaching upon the executive’s domain, especially in administrative or policy matters. This can lead to tensions and accusations of judicial overreach.
• Checks and Balances: The constitution of such panels exemplifies the system of checks and balances, ensuring that the executive’s power is not absolute and is subject to judicial scrutiny when necessary.
• Influence on Executive Functioning: When the judiciary intervenes through panels, it may sometimes slow down or complicate executive decision-making, as officials may act with increased caution to avoid judicial censure.