Speaker lists do’s & don’ts for Judiciary

legislature according to the Constitution.

While he listed an exhaustive dos and don’ts for the judiciary, he claimed the legislature had by and large done its bit as far as mirroring people’s aspirations and protecting their rights was concerned.

“Supremacy of legislature over other organs of the state has been laid down in the Constitution and should not be overlooked. Legislature has a pre-eminent position in the democratic set-up. Nehru had said the Supreme Court or judiciary can’t stand in the path of the legislature,” Chatterjee told the august gathering.

In attendance were Chief Justice of Bombay High Court Swatanter Kumar and Senior Administrative Judge Justice Dilip Sinha.

“Judiciary has the power to examine the constitutionality of the law and not to tell how the law should be. That’s legislature’s part. Judiciary has a role in protecting the law,” Chatterjee said.

Quoting former Supreme Court Chief Justice A S Verma, he said, “Judiciary is allowing itself to be used for settling political scores. Verdicts in Jagdambika Pal and Jharkhand cases were unfortunate intrusions by the SC into the powers of the legislature. Justice Verma had called it judicial aberration.”

While choosing an occasional word of praise about how judiciary has earned people’s respect for its role in dispensing socio-economic justice, the Speaker dwelt at length on how there has been pendency of cases and how cheap and quick access to institutions of justice has remained a privilege of the affluent. “It should disturb a nation’s conscience,” he added.

Chatterjee also lamented corruption in judiciary. “A thorough overhaul of judicial machinery is a must,” he said.

The Speaker said judiciary should do judicial review and not judicial activism. “Its discharging of responsibilities should not be with a sense of monopoly over people’s concerns,” he said, adding, “Leave the management of public affairs to those empowered by the Constitution to do that. Your role should be to make available the best, affordable and speedy justice to the poor.”

“Despite some grey areas, the role of parliamentary institutions has to be appreciated. There are instances of their legislative intents being eroded by other organs of the state,” the Speaker observed.

However, the grey areas between the three organs of the state have to be dealt with by mutual respect, he added.