Judicial activism fine if keeps off policy intervention: Minister

Judicial activism is the outcome of the judiciarys independence and should be lauded as long as it stays away from the realm of policy, Minister of State for Law and Justice P.P. Chaudhary said here on Saturady.

Speaking at a conference on the occasion of National Law Day, the minister said when judicial activism and review wade into policy making, its consequences could be disruptive.

"Judicial activism by itself is a necessary outcome of judicial independence, and may be lauded especially when it is undertaken to protect those who may not otherwise have ready access to justice," Chaudhary said.

"But, quite apart from this, there is another species of judicial activism where the judiciary is also stepping into areas which are, strictly speaking, in the realm of policy," he added.

He said that as a "fundamental principle" of governance, decisions "should, as far as possible, be predictable and not disruptive".

"When judicial activism and review wades into policy making, sometimes its consequences can be disruptive. This needs to be avoided if possible," he said.

The minister emphasised that while judicial independence is a pillar of democracy and judicial accountability "is the base of that pillar".

"Without accountability there can be no legitimacy. Those in government and those outside it are both fully aware of the fickle nature of power, and are fully aware that a strong and independent judiciary is necessary for everyone. We must do everything possible to preserve the moral authority and legitimacy of our judiciary," he said.

--IANS

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