The Telegraph
Tuesday , February 26 , 2013
Since 1st March, 1999
CIMA Gallary

Lecture focus on judiciary

- Law expert calls for balance

Noted expert on administrative law I.P. Messay on Monday batted for judicial activism, saying it was needed to cure the political system that had turned cancerous.

“Judicial activism is chemotherapy for present-age politics, which is like a cancerous body. People don’t have control over politics, but are controlled by it,” said the dean of law of National Law University, Jodhpur.

He was delivering a guest lecture on “Judicial activism: Creeping in vision or invigilation” at Judicial Academy. Budding judges, law officers and advocates, who are studying at National University of Study and Research in Law in the state capital, attended the session that went on from 10am to 12.30pm.

According to Messay, though judicial activism was anti-democratic and anti-majority and violated fundamental structure of the Constitution, it has become need of the hour.

“It is true that sometimes the judiciary goes beyond its limit and exercises legislative as well as executive functions. Hence, the judiciary should exercise its power judiciously and act as a statesman having the capacity to run the country. It should go to any limit to protect the Constitution,” Messay said, calling for a balance.

“The judiciary must exercise restraint. Else democracy will be at stake,” he added.

On judicial limits, the law expert viewed: “The court should always remember that it has not been elected by people and hence, is not their representative. In constitutional democracy, no power is absolute and final. The judiciary is restricted by judicial self-restraint, which means that the court should exercise its power with wisdom and responsibility.”

Students felt enlightened after the lecture. Bhavna Parihar, who is in second semester, said it helped her understand the concept of judicial activism and use of legal power.

A sixth semester student, Anurag Verma, agreed, saying they got a clear picture about the limits of judiciary. “We came to learn that the judiciary should only look after implementation of policies that are formulated in accordance with laws,” he said.