Orissa High Court Chief Justice A K Goel has said with several organs of democracy failing in their duties, judicial activism is the need of the hour, provided used for a good reason.
Justice Goel, however, cautioned that judicial activism would not be able to solve all the problems afflicting the country.
Speaking on the contentious subject at the inaugural function of Cuttack-chapter of the Indian Institute of Public Administration here yesterday, Justice Goel said judicial review is a healthy element of the Constitution.
Justice Goel said the makers of the Constitution were conscious about it and therefore, the scope of judicial review has been provided in Article 31 and Article 226 in which the Supreme Court and High Courts have been conferred powers to issue writs in appropriate proceedings.
He said judges have been earlier criticised or threatened for reviewing the law enacted by the Parliament in the cases of nullifying privy purses and bank nationalisation but the judicial review has never been excluded.
"Parliament may amend the Constitution but it (Parliament) cannot take away the powers of judicial review by the Courts," Justice Goel asserted.
