The Hindu : Tamil Nadu News : People, the most effective watchdog: Judge

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Sunday, Dec 09, 2007
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Tamil Nadu

People, the most effective watchdog: Judge

Special Correspondent

Strength of judiciary lies in public confidence: Sathasivam

— Photo: K. V. Srinivasan

SHARING A POINT: (From left) T.S. Krishnamurthy, former Chief Election Commissioner, P. Sathasivam, Supreme Court Judge, and K. Parasaran, former Attorney General, at a function in Chennai on Saturday.

CHENNAI: People are the most effective watchdog in a democratic system of governance. Institutions function better when the public is vigilant, Supreme Court Judge P. Sathasivam said on Saturday.

Speaking on “Judicial activism” at the valedictory of the 54th anniversary of the Triplicane Cultural Academy jointly organised by the academy and the Kasturi Srinivasan Library here, he said the greatest asset of the judiciary was the confidence it commanded and the faith it inspired in the people in its capacity to do even-handed justice and keep the scales in balance in any dispute. The judiciary in the country had enjoyed immense public confidence. Nevertheless, judicial authorities were not immune to public scrutiny. “The real source of strength of the judiciary lies in the public confidence, and the judges have to ensure that this confidence is not lost. It is the fear of groundswell of public opinion that will prevent the democracy from judicial over-stepping.”

Mr. Sathasivam said the Supreme Court’s pivotal role in making up for the lethargy of the legislature and the inefficiency of the executive was commendable. The law was gaining respect. He cautioned that judicial activism should be used carefully. “Judicial activism is a sharp-edged tool which has to be used as a scalpel by a skilful surgeon to cure the malady.”

He detailed judicial activism in various dimensions, including in matters relating to environmental law, issuing guidelines while making arrests, right of employment of the disabled, sexual harassment of women at workplace, uniform civil code and public accountability.

Former Chief Election Commissioner, T.S. Krishnamurthy, who presided, said the Election Commission had greatly benefited from judicial activism.

Welcoming judicial activism, the former Attorney-General, K.Parasaran, said courts should act within the framework of the Constitution.

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