By IANS,
Kolkata: Former Lok Sabha speaker Somnath Chatterjee has said the lines demarcating the jurisdiction of different organs of the state have got blurred due to “judicial activism”, and added that none of the arms should go beyond the role assigned to it by the constitution.
He said the framers of the constitution had given the mandate to the judiciary to interpret the laws, but not lay down general norms of behaviour for the government or to decide upon public policy.
“The concept is ‘judicial review’ and not ‘judicial activism’ which is of recent coinage and extends much beyond review,” Chatterjee said.
“It is obvious that all organs of the state should act only according to the constitutional mandate and should not be astute to find any undisclosed source of power or authority to expand its own jurisdiction, which will give rise to avoidable conflicts and affect the harmonious functioning of the different organs of there state,” the noted barrister said while speaking on “The concept of separation of powers, under the constitution of India”.
“However, for some years now, it is being noticed that the lines demarcating the jurisdiction of the different organs of the state have got blurred, as a section of the judiciary seems to be of the view that it has the authority by way of what is described as ‘judicial activism’ to exercise powers, which are earmarked by the constitution for the legislative or executive branches,” he said.
Delivering the Justice K.M. Yusuf Memorial Lecture 2009, Chatterjee said there were umpteen recent instances where the judiciary has intervened in matters entirely within the domain of the executive, including policy decisions.
He contended that in a democracy the executive authority is accountable to the people for its every action or inaction.