Opinion - Letters to the Editor   

Judicial over-reach?

Chief Justice K.G. Balakrishnan's observation that deciding the constitutional validity of legislation as well as executive acts is part of judicial review reflects the thinking of our Constitution framers. Even when a judgment or order passed by the Supreme Court is reasonable politicians who are in a majority in the legislature organise protests against it, bringing indirect pressure on the judiciary.

As rightly pointed out by the Chief Justice, those in power have a responsibility to ensure that they do not denigrate the judiciary. They should understand that without an independent judicial system that upholds the basic structure of the Constitution, even the legislature and the executive cannot function effectively.

Challa Mahalakshmi,
Visakhapatnam

Prime Minister Manmohan Singh's homily to the judiciary on the dividing line between judicial activism and over-reach is the result of the UPA Government's frustration at being checkmated by the judiciary on various policy issues. Chief Justice Balakrishnan has made his attitude quite clear. It is a pity that the Congress culture has rubbed off on Dr. Singh.

H.R. Bapu Satyanarayana,
Mysore

Indian politicians are becoming increasingly innovative. They indulge in over-reach in every aspect of policy-making and when they find a hindrance in the law of the land, invent phrases such as judicial activism and judicial over-reach. One cannot imagine the damage they would have caused to the nation in the absence of a vibrant and independent judiciary.

Talupur Madhava Rao,
Hyderabad

Dr. Singh's word of caution to the judiciary was quite unexceptionable. At the same time, the political class should refrain from utterances or actions that tend to lower the dignity of the judiciary or give rise to a confrontationist situation.

The hue and cry raised by politicians against the Supreme Court's interim stay of the implementation of 27 per cent reservation for OBCs in higher education was indicative of the growing intolerance of the people's representatives to the judiciary's constitutional role.

S. Gurumurthy,
Chennai

The Prime Minister perhaps used the phrase `judicial over-reach' with the Supreme Court's interim stay on 27 per cent reservation for OBCs in mind.

But it is Chief Justice Balakrishnan who clinched the issue by highlighting the judiciary's role in maintaining the rule of law. The people of the country still rely on this role of the higher judiciary.

T.R.S. Rangan,
Bangalore

Dr. Singh's remark is justified. When millions of common men are waiting in the corridors of courts awaiting justice, they are busy intervening in every other policy decision of the government. Let the judiciary function as a watchdog. Let the judges remember that justice delayed is justice denied and make efforts to instil in the common man faith in the judicial system.

P. Dorai,
Tirunelveli

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