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Judicial activism shouldn't erode
constitutional principles: President
Saturday September 08, 2012 08:22:53 PM,
IANS
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Chennai: President Pranab Mukherjee Saturday cautioned against judicial activism
resulting in the erosion of constitutional principles of
separation of powers between the three pillars of state and and
called on Indian judiciary to reinvent itself through
introspection and self-correction.
Speaking at the valedictory function of the sesquicentennial
celebrations (150 years) of the Madras High Court here, Mukherjee
said: "Judicial activism should not lead to the erosion of
Constitutional principles of separation of power. The principle of
separation of power is the power of restraint."
Appreciating the intervention of courts in issues based on
complaints received by post cards or a newspaper report, he
however said judicial activism should not blur the distinction
between the three organs - legislature, executive and judiciary -
of the state.
Noting laws are enacted by legislature, the executive implements
them and the judiciary interprets the laws, Mukherjee stressed
that the balance of power mentioned in the Constitution should be
maintained.
He said each organ of the government functions within its own
sphere and none takes over the function of the others is one of
the basic features of the Indian Constitution.
Stressing on the need to preserve and protect the independence of
the judiciary from any encroachments, Mukherjee said that despite
the challenges, the judiciary is working hard and called for its
further strengthening.
He said the Constitution is being amended to increase the
retirement age of the high court judges, and sought the assistance
of all concerned to ensure filling up of vacancies.
According to him, alternative dispute resolution mechanisms should
be encouraged to speed up the delivery of justice.
Speaking about the Madras High Court, Mukherjee said it is one of
the three courts established in India by Letters of Patent issued
by Queen Victoria.
The Madras High Court was set up in Aug 15, 1862, exactly 85 years
prior to India's independence, he said, terming it a "guardian and
watch tower". Many luminaries emerged out of this court, he added.
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Picture of the Day |
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President
Pranab Mukherjee presenting the National Award for
Teacher-2011 to Mrs. Javeeda Akhtar Khan, Jammu & Kashmir, on
the occasion of the ‘Teachers Day’, in New Delhi on September
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