IndiaPost.com - Somnath asks judiciary not to become 'super legislature'

NAGPUR: Slamming judicial activism yet again, Lok Sabha Speaker Somnath Chatterjee cautioned that any efforts by the judiciary to take on itself the "onerous responsibility" of the governance of the country will have "serious implications."

Chatterjee asked the judiciary not to become a 'super legislature' saying it should not overstep into matters of legislature and encroach upon spheres earmarked for other organs of the democracy. Speaking at a function of the High Court Bar Association here, Chatterjee said the Indian constitution has clearly demarcated the responsibility for managing public affairs to the legislature for which they are accountable to the people. Justice Swantater Kumar and a galaxy of other members of bench and bar were present at the function.

"Any efforts by the judiciary to take on itself the onerous responsibility of the governance of the country will have serious implications," he said. "Legislature has a pre-eminent position in the democratic set up," he added. Expressing deep concern over inordinate delay in dispensing justice, Chatterjee said it was disturbing the nation's 'conscience'.

Quoting Nehru, Chatterjee said the Supreme Court or the judiciary cannot come in the way of the legislature. Chatterjee said judiciary has the power to examine the constitutionality of the law but not to tell (legislature) how the law should be implemented.

The Speaker said it is not within the jurisdiction of the judiciary to make laws or lay down general norms of behavior for the government or to decide upon public policy.

"Only legislative competence or action of Executive on the touchstone of fundamental rights can be examined while exercising powers of judicial review," he added. Quoting former apex court Chief Justice S P Bharucha, he also reflected on corruption in the judiciary and said about 20 percent of judicial officers could be corrupt.

"One in every five judicial officers is corrupt, our judicial system calls for a thorough overhauling. Otherwise people will have not faith in the system," he said. He also advocated best, affordable and speedy justice to the poor.