Union minister and CJI spar over judicial activism
NEW DELHI: Minister of state for law and justice, PP Chaudhary, and the Chief Justice of India, Dipak Misra, crossed swords on Saturday over judicial activism at a conference here on the occasion of National Law Day.
Addressing the conference, Chaudhary said judicial activism is an outcome of the judiciary’s independence and should be lauded as long as it stays away from the realm of policy.
“But quite apart from this, is another species of judicial activism where the judiciary is also stepping into areas which are strictly speaking in the realm of policy,” he added.
He said that as a “fundamental principle” of governance, decisions “should, as far as possible, be predictable and not disruptive”.
Taking the floor after the minister, CJI Misra dismissed the perception of judicial activism, saying protection of fundamental rights of citizens is the “sacrosanct duty of the judiciary”.
“The citizens have been guaranteed fundamental rights and the governing entities are not expected to encroach upon it.
The moment they encroach upon it or there is an apprehension that there is an encroachment, the judiciary is obliged to stand by them,” he said.
He defended courts taking a pro-active position on the fun-
HE SAID THAT AS A “FUNDAMENTAL PRINCIPLE” OF GOVERNANCE, DECISIONS “SHOULD, AS FAR AS POSSIBLE
damental rights of citizens.
“There is a perception that there is a judicial activism... I must clarify protection of fundamental rights of each and every citizen is the sacrosanct duty of the judiciary... Fundamental rights have been expended from the date the Constitution came into existence,” he said.
He also said the judiciary has no desire to make policy.
The conference was also addressed by President Ram Nath Kovind, Lok Sabha speaker Sumitra Mahajan, Niti Aayog vice -chairman Rajiv Kumar and law minister Ravi Shankar Prasad.