The Hindu : Front Page : Adverse orders not judicial activism, says Bhardwaj

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Monday, Dec 18, 2006
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Adverse orders not judicial activism, says Bhardwaj

NEW DELHI: Law Minister H.R. Bhardwaj on Sunday came out in support of the judiciary, saying judges were only doing their job and that "adverse" court orders should not be construed as judicial activism. The Minister's remarks come close on the heels of critical comments from within and outside the Government on certain recent verdicts which were perceived as outside the domain of judiciary.

Stressing that power of judicial review is "the very soul of the Constitution," Mr. Bhardwaj said judges are only discharging their duties by reviewing various orders of the Government, or laws passed by Parliament.

"An order passed by a court can be adverse also. Where is the overstepping? I don't subscribe to the view that you gag the courts. Let them do their job," the Law Minister said. "Just as no one can stop Parliament from making a law, because it is its Constitutional function and no one can challenge it, similarly it is the courts' job to uphold or strike down the law.

"The power of court of judicial review is the very soul of Constitution. No one can dilute it. It is only those who suffer as a result of review talk of judicial activism," he said. When pointed out that heightened media focus received by the high profile cases resulted in retrial and conviction in some cases, Mr. Bhardwaj said media was fully entitled to report what it perceived as miscarriage of justice. "However, the attention paid by media should be uniform, not just on the high profile cases." — PTI

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