There is unnecessary controversy going on around the word judicial activism. This has caused an agitation with the executive and legislation. The Supreme Court judge said that it is the main duty of the judges that they perform while sitting on such a position and to control the adventurism and over indulgences caused by legislature and executive.
Even when there is low-intensity conflict that is going on between Legislature, executive and judiciary on many issues like the Judicial Standards and Accountability Bill and National Judicial Appointments Commission Law (NJAC), Justice Kurian Joseph said the importance of Judicial Activism. Constitution Bench which is constituted by 5 judges and Kurian Joseph is one of the judges in it who is checking into the validity of NJAC law has told that when the legislation does not provide proper justice in administration then it is the duty of the court and judges to say what the law should be and what it is.
In Lala Amarchand Sood Memorial Lecture held by Bar Association of India, Justice Joseph delivered his statement where he said that judicial intervention should not be seen as special contribution by a judge but it is his sole duty of the judge to do so since he is seen as a court by the common man. It is the main obligation of the court to check any injustice that occur in the country. Justice Kurian Joseph told about the Supreme Court’s intervention in some recent cases like coal block allocation and 2G spectrum scam while giving his lecture, where he said that the apex court considered the matter up on itself because there was delay by the executive to do so in the public interest. By inventive PILs the apex court has brought out the social rights of people like education, housing, health, food and also fundamental rights to equality, life and religion too.
Justice Joseph while speaking on the criticism about the judicial activism, said that adopting the separation of powers is not total but partial and even though legislature and judiciary are quite free and independent on their own, the laws which are made by the legislature can be reviewed by the Judiciary. He also said that in the present day nearly 100 million children are getting food at school which makes it the biggest mid-day meal programme and thus has helped in bringing out the National Food Security Act 2013.
by Sushma Javare.
