The Hindu : Front Page : Manmohan talks of judicial over-reach

Online edition of India's National Newspaper
Monday, Apr 09, 2007
ePaper

Front Page

Front Page

Manmohan talks of judicial over-reach

J. Venkatesan

Irresponsible criticism may damage judiciary, says Chief Justice of India

New Delhi: Expressing serious concern over judicial interventions, Prime Minister Manmohan Singh on Sunday said that in the guise of judicial activism, the judiciary must not over-reach itself.

Inaugurating a conference of Chief Ministers/Law Ministers of various States and Union Territories and Chief Justices of High Courts, the Prime Minister said: "Courts have played a salutary and corrective role in innumerable instances. They are highly respected by our people for that. At the same time, the dividing line between judicial activism and judicial over-reach is a thin one."

Inherent power

Without indicating any particular judgment or order, Dr. Singh said "as an example, compelling action by authorities of the State through the power of mandamus is an inherent power vested in the judiciary. However, substituting mandamus with a takeover of the functions of another organ may, at times, become a case of over-reach. These are all delicate issues, which need to be addressed cautiously. All organs, including the judiciary, must ensure that the dividing lines between them are not breached. This makes for a harmonious functioning."

Earlier, Chief Justice of India K.G. Balakrishnan, said: "Judicial review to determine constitutionality of a legislation and to review the executive decision sometimes creates tension between the judge and the legislative and the executive branch. Such tension is natural and to some extent desirable.

Of course, the judicial review of legislative and administrative actions has given rise to some criticism of the way in which the courts are functioning. Like any other public institution, the judiciary can be subjected to fair criticism if and when occasion demands but if the criticism is illegitimate and irresponsible, it may lead to incalculable damage to the institution of the judiciary."

Dr. Singh said the judiciary, the executive and the legislature had an obligation both to our Constitution and to our people, to work in harmony.

Printer friendly page
Send this article to Friends by E-Mail

Front Page