While emphasising that everything possible should be done to preserve and protect the judiciary, President Pranab Mukherjee on Saturday cautioned that judicial activism should not lead to erosion of the constitutional principle of separation of powers.
The separation of powers was equally a principle of restraint. While the exercise of powers of the legislature and the executive was subject to judicial review, the only check on the judiciary’s exercise of powers was self-imposed discipline and self-restraint, he said, delivering the valedictory address at the sesquicentennial (150 years) celebrations of the Madras High Court.
He dealt with issues that have dominated the legal discourse in recent times such as judicial independence, judicial activism, judging the judges, speedy disposal of cases, filling of vacancies in courts and improving the quality of legal education.
The judiciary’s independence was widely recognised and was a matter of pride. The judiciary had enlarged the scope of fundamental rights and increased the space for democracy, while maintaining the quality of justice, he said. “We must do everything possible to preserve and protect the independence of our judiciary from any form of encroachment. At the same time, the judiciary, as an important pillar of democracy, must keep reinventing itself through a process of introspection and self-correction,” said Mr. Mukherjee, who was on his maiden visit to the city after becoming President.
On judicial activism, he said judicial pronouncements should respect the boundaries that separated the legislature, the executive and the judiciary. “Judging the judges is a delicate and sensitive topic and one which has been viewed with some concern by jurists.” Legislation that carefully balanced the judiciary’s independence with the need to protect and preserve its credibility were a useful complement to the judiciary’s own efforts.
The judiciary’s credibility would depend on the judges’ quality. Therefore, selection and appointment of judges should conform to the highest of standards and should be based on well established principles, he said.
Keywords: judicial activism, President Pranab Mukherjee, Governor K. Rosaiah, Jayalalithaa, 150th anniversary celebration, Madras High Court
For all those who lobbied for a political president should have their stand corrected after listening to President Pranab's Independence day speech and this speech where he has acted like a spokesperson of the Congress party rather than a neutral president. He should now realise he is first citizen of this country and no longer the foot soldier of the congress party.
How would the citizens expect neutral behaviour from such person?
What pranab wishes to say is lets respect each others right to corruption. You scratch my
back, I will scratch yours and be done with it. Quash all the PIL of corruption. This is what
happened in 2G. If not for the judiciary Sibal would have been proved right about the zero
loss to the exchequer. Sibal is doing the same thing even in coal gate scam. The most
corrupt politician to occupy the post of president since independence. Congress has created
a record. Pranabs white paper on black money hides more than it reveals. He and his
economic policies as finance minister has contributed to the downfall of the economy.
By and large,judiciary in India,is active within its limits
After Indira Gandhi imposed emergency to snub judiciary , it has not
risen up. So Pranabda need not worry. Our judiciary is not in activist
mode.
I feel sad that the President used the word "judicial activism". There
is no clear definition of this expression (American Neo-Cons are the one
to coin this word). For centuries what jurists used to call "inherent
power of court", now being assailed as activism. If laws are clear,
courts have no scope or opportunity for so called "activism". So, the
whole campaign against the courts for so called "judicial activism"
appears to be code word designed to weaken of independence and
neutrality of judiciary in India.
Pity of the nation is that our Hon'ble President of India is still a congress man and showing his allegiance to congress party, specially the UPA chairperson Mrs. Sonia Gandhi. He should not forget that UPA negation to the national wealth loot and then offering a very weak defense before the nation has lowered the image of the government beyond repair, it has lost its credibility to govern before the public. At this juncture the judiciary and its activism saved the country. Mr. President it would be better if you suggest your government to govern the country in a honest way and stop the plunder of the nation wealth, failing of which the nation is not going to spare you and your government in the coming election.
Judicial activism won't be necessary if the administration and
politicians do their job. The common man has to often approach the
courts for justice and relief because the administration has failed them
miserably. We are, after all, among the most corrupt nations. Hence
Pranab-da should first advice his erstwhile colleagues to provide clean
administration before dishing out sermons to the judiciary.
Wow Pranab Sahab you haven't shed your Congress colours yet. If anybody needs to know the boundaries here it is you. Please leave the judiciary alone.
in a decaying governance scenario,no amount of sermons on finding their respective jurisdictions by the president,or by the p.m.,or by the leader of the opposition willserve any purpose.there have been a steady infiltrations into each others' territory,necessitating outbursts,disapprovalsby each of the players.so these statesments are purely academic and have no salutory effect.
Does Pranab not want a pro-active judiciary in India? He should mind that he is the President and not a Congress agent of India. Why is he afraid of judiciary? Among our constitutional bodies, only a few including our judiciary does its job very well and that too depending on the judges. By making these statements Pranab wants even those isolated exemplary judges to be away from carrying out their honest and sincere duty. Pranab Mukherjee is setting a bad precedent by his remarks on the jurisdiction of Indian judiciary.
The president is right that the judiciary must do it's own retrospection before being questioned by the other two branches of Govt.Judicial activism is active in US.India should not follow that evil.
The president is right that the judiciary must do it's own retrospection before being questioned by the other two branches of Govt.Judicial activism is active in US.India should not follow that evil.
Mr. Mukherjee should ask the legislature and executive to respect judicial pronouncements and not try to bypassthe judiciary .
Mr President, can you define the boundries among the various institutions of the constitution. What happens when the executive (of which you were a part till recently) does not function or functions against the national interests? When the various arms of the Governemnts are misused to protect a few, the other branches of the constitution should cross the boundry to proetct the nation and democracy.
I suggest you change your speech writer who I think is a Congress party appointee.
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