President Pranab Mukherjee on Saturday cautioned judges against the perils of “judicial activism”, saying the equilibrium in the exercise of authority must be maintained at all times and self-restraint should be used when confronted with such a situation.
Addressing the fourth retreat of the Judges of the Supreme Court at the National Judicial Academy in Bhopal, Mukherjee said “Judicial activism should not lead to the dilution of separation of powers, which is a constitutional scheme. Each organ of our democracy must function within its own sphere and must not take over what is assigned to the others.”
Inaugurating the retreat in the presence of Chief Justice of India, law Minister S Sadananda Gowda, Chief Justice and Chief Minister of Madhya Pradesh, the President said that while the exercise of powers by the legislature and executive is subject to judicial review, the only possible check on exercise of powers by the judiciary is “self-imposed discipline” and “self- restraint” by the judiciary itself.
Mukherjee, however, maintained that the independence and integrity of the judiciary is “of the highest importance, not only to the judges but also to people at large who seek judicial redress against perceived legal injury or executive excess.” Over the years, he noted how the judiciary enlarged the scope of justice by enforcing fundamental rights of citizens by making it possible for anyone with sufficient interest and acting bona fide to activate the judicial process.
“In the support of rights, courts have found a postcard written by a citizen or newspaper article to be material enough to set off judicial action. This has helped to bring justice closer to the common man,” Mukherjee said. The President said an “affordable” judicial system is a must in a country like India, where a section of the population is at the bottom of the socio-economic pyramid.