The Hindu : Opinion / Letters to the Editor : Judicial restraint

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Thursday, Dec 20, 2007
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Judicial restraint

This refers to the article “A philosophy of judicial restraint” (Dec. 19). The A.K. Mathur-Markandey Katju observation on judicial restraint reinforces that the right to make laws and govern exists only with the people’s elected leaders. But the legislature, the executive and the judiciary all derive their power from the people through the Constitution. If the encroachment of institutional boundaries is done in the interests of the people, it need not be construed as a violation of constitutional provisions.

B. Jayanna Krupakar,

Surathkal

* * *

The article’s laboured defence of the Mathur-Katju pronouncement ignores that it is the indifference and inaction, most often callous and calculated, on the part of the executive that forces affected sections of society to seek judicial intervention. There are many examples — from the settlement of compensation to the Bhopal gas victims to the utilisation of the tsunami relief fund, from the plight of the displaced in mega-projects such as the Sardar Sarovar dam to SEZs in almost all the States. When the authority vested with power does not exercise it judiciously for the greatest common good of society at the given time, judicial intervention can be the only way out.

A.P. Govindankutty,

Cheruthuruthy

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