The Hindu : Opinion / Letters to the Editor : On judicial overreach

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Wednesday, Dec 19, 2007
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On judicial overreach

As pointed out in the editorial “A welcome realisation” (Dec. 14), judicial overreach has damaged the other institutions of democracy. Instances are not wanting when the judiciary has exceeded its limits. At the same time, it is also true that it has delivered a number of progressive verdicts. Though the Chief Justice has stated that the apex court is not bound by the observation of Justices Markandey Katju and A.K. Mathur on judicial restraint, it has answered the question: ‘who should bell the cat?’

S. Nallasivan,

Tirunelveli

* * *

The observation by Justices Katju and Mathur that courts should not encroach on the domain of the legislature and the executive is not acceptable. With the political class twisting the law to suit its needs, the people cannot expect it to solve their problems. Judicial intervention in instances involving their interests is inevitable and welcome.

P. Senthil Saravana Durai,

Vazhavallan

* * *

Are we sure that the legislature and the executive are functioning according to the provisions of the Constitution? If yes, why are so many public interest litigation petitions pending in courts?

Is water-sharing among the States a matter to be resolved by the executive or the judiciary? The dividing line between the three arms of the state is thin. If it is occasionally crossed in the interest of the people, it will not amount to overreach or trespass.

G. Shanmuganathan,

Chennai

* * *

It is all very well to talk about the delicate constitutional balance among the three pillars but do the executive and the legislature do what is enjoined upon them by the Constitution? Parliament is palsied by walkouts and uproars and the executive is most often deliberately dormant or hyperactive in pursuing its agenda. Despite the judiciary’s foibles, its activism is a necessary evil.

S. Thyagarajan,

Chennai

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