President Pranab Mukherjee on Saturday cautioned the Supreme Court judges against pushing the boundaries of judicial activism too far, and said it should not take over the powers of the Executive and the Legislature.
In his inaugural address at the Fourth Judges’ Retreat, 2016 in Bhopal, the President acknowledged that though the public interest litigation mechanism evolved by the Supreme Court has cured many a social evil, the same should not be used by the apex court judges to dilute the separate powers and authority of the government and the Parliament.
“Judicial activism should not lead to the dilution of separation of powers which is the Constitutional scheme. Each organ of our democracy must function within its own sphere and must not take over what is assigned to the others,” Mr. Mukherjee is quoted in a transcript of his speech sent from the Rashtrapti Bhawan.
Highlighting the common man’s faith in the judiciary’s equanimity and impartial deliverance of justice to achieve the ultimate goal of good governance, the President said the “balance of power between the three organs of the State is enshrined in our Constitution. The Constitution is supreme.”
He said the judiciary should never disturb the balance of powers among the three organs of State.
“The equilibrium in the exercise of authority must be maintained at all times. The exercise of powers by the legislature and executive is subject to judicial review,” Mr. Mukherjee said.
‘Self-imposed discipline’The President said “the only check possible in the exercise of powers by the judiciary is self-imposed discipline and self-restraint by the judiciary itself.”
The President termed the Indian Constitution a “Magna Carta of socio-economic transformation,” a living document and not a relic cast in stone.
He said the interpretations of the Constitution by the Supreme Court over the years has kept it alive, breathing new meanings into its provisions and moulding the document according to the changing times in order to face contemporary domestic situations and global challenges.
Giving impetus on the quickness in justice delivery system, the President noted how courts were overburdened with cases pending. This phenomenon was also due to judicial vacancies. Mr. Mukherjee however lauded Chief Justice of India T.S. Thakur for his “untiring efforts” to speedily fill up the vacancies in the High Courts and the Supreme Courts.
Total appointmentsTo demonstrate the speed at which the Collegium was working, the President said a total 145 judges were appointed between January 2016 and April 12, 2016.
“This [appointments] shows the speed with which the Collegium is now functioning,” the President said, while exhorting the Collegium to “maintain the tempo”.
