'Adverse orders do not amount to judicial activism' Monday, December 18, 2006 12:25 [IST]
New Delhi:
Differing with some of his Cabinet colleagues, Law Minister H R Bhardwaj today
came out in support of the judiciary, saying judges are only doing their job
and that 'adverse' court orders should not be construed as judicial activism.
The Minister's remarks come close on the heels of critical comments from within
and outside the government on certain recent verdicts which were perceived as
outside the domain of judiciary, especially the recent Supreme Court orders on
the issue of sealing in the capital.
Stressing that power of judicial review is "the very soul of the
Constitution," Bhardwaj said judges are only discharging their duties by
reviewing various orders of the government, or laws passed by Parliament.
"An order passed by a court can be adverse also. Where is the
overstepping? I don't subscribe to the view that you gag the courts. Let them
do their job," the Law Minister said in an interview to sources.
"Just as no one can stop Parliament from making a law, because it is its
Constitutional function and no one can challenge it, similarly it is the
courts' job to uphold or strike down the law.
"The power of court of judicial review is the very soul of Constitution.
No one can dilute it. It is only those who suffer as a result of review talk of
judicial activism," he said, brushing aside allegations that courts were
overstepping into the domains of other organs of the state.
|