Chief Justice of Odisha High Court AK Goel has strongly endorsed for ‘judicial activism’ provided the same is intended for a good reason. But at the same time he cautioned that judicial activism would not be able to solve all problems afflicting the country now.
Speaking on the contentious subject at the inaugural function of Cuttack chapter of Indian Institute of Public Administration (IIPA) at the Ravenshaw University on Sunday, Justice Goel equated judicial activism with judicial review and said judicial review is a very healthy element of Indian Constitution.
Goel was of the opinion that judicial activism is the need of the hour when other organs of the democracy like legislative and executive are unable to provide relief to the people. “Judicial activism is good. It is good when it provides good reasons. But judicial activism is not the answer to every problem. But in order to make it (judicial activism) effective, we have to awaken the people about it”, Justice Goel said.
Tracing the fundamentals of judicial activism, Justice Goel said makers of Indian Constitution were absolutely conscious about it and therefore the scope of judicial review has been provided in Article 31 and Article 226 of the Constitution in which the Supreme Court and High Courts have been conferred powers to issue writs in appropriate proceedings.
He said judges have been earlier criticised or threatened for reviewing the law enacted by the Parliament in the cases of nullifying privy purses and bank nationalisation but never ever the judicial review has been excluded. “Parliament may amend the Constitution but it (Parliament) cannot take away the powers of judicial review by the Courts,” Justice Goel asserted.
Earlier introducing the topic senior advocate and eminent law teacher, Dr Manoranjan Panda said law is like any other living organism and it spreads rapidly as society evolves itself. On Indian judiciary context, he said there is scope for judicial activism and the same powers are provided in Indian Constitution.
“These powers, coupled with responsibilities, are rested with Indian courts. Whenever extraordinary situations have arisen, the Supreme Court has risen to the occasion with responsibility”, Dr Panda said giving the example of constitution of central empowerment committee (CEC) when forest and pollution laws failed to protect some people of Karnataka due to widespread mining activities.
Senior advocate and freedom fighter BB Ratho presided over the inaugural ceremony of Cuttack branch of the IIPA and its secretary Dr Susanta Kumar Kar read the secretary’s report of the IIPA, which was formed in last November.