[1]Sounding a note of caution on judicial activism, President Pranab Mukherjee on Saturday said judicial pronouncements must respect the boundaries that separate the legislature, executive and judiciary.
Making his first visit outside the national capital after assuming charge as President on July 25 to participate in the 150th anniversary celebrations of the Madras high court here, Mr Mukherjee said everything must be done to protect the independence of the judiciary from any form of encroachment.
At the same time, the judiciary should keep reinventing itself through a process of introspection and self-correction, he said.
Mr Mukherjee touched upon various issues that dominate legal discourse, including judicial accountability and the appointment of judges.
He referred to judicial activism and said judges, through innovation and activism, have contributed enormously to expanding the frontiers of justice and providing access to the poorest of the poor.
“However, a note of caution needs to be sounded. Judicial activism should not lead to the constitutional principles of separation of power getting eroded. Judicial pronouncements must respect the boundaries that separate the legislature, executive and judiciary,” he said.
The large gathering of legal fraternity at Nehru Indoor Stadium burst into applause when chief minister Jayalalithaa announced increase of financial assistance under the advocates’ welfare fund from Rs 2 lakh to Rs 5.25 lakh without service period restriction in the event of death of an advocate.
President for independent, disciplined judiciary system
President Pranab Mukherjee said the separation of powers, one of the basic features of the Constitution, ensures that each organ of the government operates within its sphere and none takes over the functions of the other.
“It is the Constitution that is supreme. The laws are enacted by the legislature, the executive does the implementation and the judiciary is the final interpreter of these laws.
The delicate balance of power enshrined in the constitution should be maintained at all times”, the President said at the 150th anniversary celebrations of the Madras high court here.
Against the backdrop of the current debate over the proposed Judicial Accountability Bill, he said judging the judges was a delicate and sensitive issue and one that was viewed with concern by jurists.
“Legislation which carefully balances the independence of the judiciary with the need to protect and preserve its credibility is a useful complement to the judiciary’s own efforts. Ultimately, the credibility of the judiciary will depend on the quality of the judges who man the various courts of the country.
Therefore, the process of selection and appointment of judges should conform to the highest of standards and should be based on well-established principles,” Mr Mukherjee
said.
Referring to backlog of cases, he said filling of vacancies in courts across the country is a matter that must be taken up as priority by all concerned. “We must make haste in this regard but without compromising on quality,” he said.
The President said justice must be not only accessible to all but also affordable. “The fact that litigation is time-consuming and expensive is well-known.
To address this, alternative dispute resolution mechanisms such as mediation and arbitration should be encouraged.
” He said the Indian judiciary had enlarged the scope of fundamental rights, increased the space for democracy while maintaining the quality of justice delivered.
‘Accountability will not deny judicial freedom’
Union law and justice minister Salman Khurshid on Saturday said that accountability would not take away the judiciary’s freedom but would only re-emphasise it.
Khurshid’s observation comes in the backdrop of Chief Justice of India S.H. Kapadia recently cautioning the government against “tinkering” with the judiciary’s freedom in the context of the Judicial Standards and Accountability Bill that has been passed by the Lok Sabha and is pending in the Rajya Sabha.
The government is considering “accountability not that takes away independence but accountability that adds to independence and re-emphasises” it, Khurshid said at the sesquicentennial valedictory function of the Madras high court.
“This will come about through a fruitful wholesome dialogue between the judiciary and legislature. We are looking to improve the justice delivery system, both in terms of time and quality, of consensus and outreach,” he said.
The Union minister hoped that Tamil Nadu’s e-court mission project would soon become part of an advocate’s daily life.
Supreme court judge Altamas Kabir lamented that there were people in the country who might not know the rights bestowed by the Constitution.
“They suffer in silence and what have we done for them. People want to know their rights but nobody is there to tell them about it,” he said.
Kabir pointed out that there had been a need to start a network of legal aid cells and urged lawyers and judges to see to that justice reaches the poor.
Supreme court judge P. Sathasivam said the quality of decrees handed down by the Madras high court is very high and the court had disposed of a large number of cases.
Jaya lauds TN’s judicial legacy
Chief minister J. Jayalalithaa on Saturday announced that the financial assistance under the Tamil Nadu Advocates’ Welfare Fund would be increased from Rs 2 lakh to Rs 5.25 lakh without any service period restriction in the event of death of an advocate.
The state government would provide a recurring annual grant of up to Rs 4 crore for the fund, Jayalalithaa said while delivering the special address at the sesquicentennial valedictory function of the Madras high court.
Jayalalithaa listed out various steps taken by her government in improving the court infrastructure across the state and said that her government had always been very sensitive to the needs of the high court.
“In March 2002, Rs 56.45 crore was sanctioned for establishing the court buildings for the Madurai bench of the Madras high court.
Ever since my government took charge again in May 2011, sanctions for Rs 159.82 crore for various court and court-related buildings have been issued.
An amount of Rs 10 crore has recently been sanctioned for an auditorium and museum for which I have laid the foundation today,” she said.
To nurture and perpetuate the old tradition to have the best legal brains in the country and to foster high quality legal education, Jayalalithaa said that Rs 100 crore had been sanctioned to establish a National Law School at her constituency of Srirangam. “Preliminary work for the law school has commenced,” she said.
Jayalalithaa lauded the judicial legacy of Tamil Nadu and said judges and lawyers from the state are known for their erudition and scholarship.
Several constitutional amendments and illustrious judgements stemmed from this bank of legal professionals. “It should be our endeavour to preserve this distinction,” she
said.
Impartiality was the foundation stone of administration of justice, she said, adding that it was imperative that public faith in the country’s judicial system was not eroded.
The chief minister pointed out that with the increase in litigation litigants expect quick solutions for their issues.
Hence, she urged advocates to play a pivotal role in ensuring that the litigant public are not put to hardship.
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