Judicial activism should not lead to erosion of the constitutional principles of separation of powers, President Pranab Mukherjee warned on Saturday.
Delivering his valedictory address at the 150th year celebrations of the Madras High Court here today, Pranab said that the judges, through innovation and judicial activism had contributed enormously to expanding the frontiers of justice and access to the poorest of the poor. A postcard or a newspaper report was enough to trigger the intervention of the courts in support of individual rights. But, it should not erode on the principles of separation of powers, he said. The power of separation of principle was equally a principle of restraint. While the exercise of power by the Legislature and the Executive was subject to judicial review, the only check on the judiciary’s exercise of powers was the self-imposed discipline and self-restraint.
Judging the judges was a delicate and sensitive topic and one which had been viewed with some concern by jurists. Legislation which carefully balanced the independence of the judiciary with the need to protect and preserve its credibility of the judiciary would depend on the quality of the judges, who manned the various courts of the country. Therefore, the process of selection and appointment of judges should conform to the highest standards and should be based on well established principles, Mukherjee said.
To improve the justice delivery system and to eradicate the back-log of cases, the Centre had embarked upon various measures. A National Mission for Justice Delivery had been launched, the Constitution was being amended to raise the retirement age of HC judges and efforts were underway to create an All India Judicial Service. He also urged the litigants and their lawyers to switch over to alternative dispute resolution mechanisms. The Madras Bar has provided valuable inputs on many Bills and Legislations such as the CrPC and CPC. This is a tradition worth emulation by other Bar Associations in India, he said.
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