President Mukherjee cautions against 'judicial activism' - Moneylife

President Mukherjee cautions against 'judicial activism' - Moneylife



REDUCE NUMBER OF APPEALS

The concerns expressed by the President need to be taken in right spirit by all limbs of the tripod comprising legislature, executive and the judiciary and in the present day circumstances, by media (both print and electronic). From the highest level (Apex Court, Central/State Governments) to the lowest level at the district administration, these days, we observe public spars between officials and politicians. Observations of courts during normal open court hearings are taken out of context and controversies are generated.
All these affect the smooth functioning of the system of governance envisaged in the Indian Constitution. President’s plea not to dilute the inherent strength of Indian democratic system by diluting the powers of the legislature and executive by judicial activism has to be seen in this context. To help judiciary to remain within its established contours of jurisdiction, legislatures have to function effectively and executive should be impartial.
The number of cases and their 'age' are matters of real concern. If government and corporates fighting cases against citizens spending public funds stop standing on prestige and resist the temptation to go on appeal where citizen wins a case in lower court, the number of cases in higher courts will come down gradually.

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