The prime minister's remarks come in the wake of the Supreme Court's proactive role in the second-generation mobile telephony bandwidth allocation, CVC appointment and other cases.
In an embarrassing situation after a series of adverse observations and several reprimands against his ministers and the government’s policies from the Supreme Court, prime minister Manmohan Singh on Sunday sought to draw the Lakshman Rekha for judicial activism. Judicial review must not interfere too much in the activities of the government, he said.
“While the power of judicial review must be used to enforce accountability, it must never be used to erode the legitimate role assigned to the other branches of the government. This is vitally necessary to preserve the integrity and sanctity of the constitutional scheme premised on the diffusion of sovereign power,” Singh said. He was speaking at the 17 Commonwealth Law Conference.
His statement assumes significance in view of the court’s intervention in certain policy decisions that the judges feel are contrary to the basic rights relating to a pollution-free environment, professions such as tilling the land, and employment. The pressure from the judiciary has been particularly visible in case of mega projects.
“A judicial system conceived to serve the cause of substantive justice and to remedy injustices cannot be limited by outdated precedents. The judicial process has a dynamic role to play, both as the guarantor of justice to litigants and as upholder of the constitutional conscience,’’ Singh said.
According to him, the fact of globalisation and the challenges that the world community faces as a whole demand a purposive alignment of domestic policies and laws with international norms. “Our government stands committed to the pursuit of inclusive economic growth. The welfare of the poor and common man is the centre piece of our policies,’’ he added.
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