Hyderabad: Chief Justice Kalyan Jyoti Sengupta of the AP High Court on Friday said that as long as the judicial activism does not transform into judicial adventurism it will always be helpful to the society. He said whenever and wherever the executive of the state fails to discharge its legitimate function, the court imminently intervenes to protect the rule of law.
Delivering a lecture on ‘Judicial Activism in memory of first Attorney General of India Motilal Chimanlal Setalvad organised by the Federation of Andhra Pradesh Chambers of Commerce and Industry (FAPCCI) in association with the Pillai Trust here, he opined that, “If you call this intervention, as judicial activism, then this type of activism is essential for a democratic country like India.”
The Chief Justice said the courts cannot set law into motion without someone complaining about the inaction of the government, only then can the court intervene.
Referring to the unear-thing of the 2G spectrum scam, enactment of a law to protect women at their work places and the recent law which had introduced stringent punishments in rape cases, the Chief Justice pointed out that all these would not have been possible if there was no judicial activism.
Citing various provisions under the criminal jurisprudence and civil procedure code, Justice Sengupta said the concept of Public Interest Litigation was not a new phenomenon. “We can find the origin of public interest litigation in civil code and criminal jurisprudence.”
Invoking the provision of Contempt of Courts Act, the Chief Justice said it was to protect and uphold the values of the judiciary not to satisfy the egos of the judges. Justice Sengupta said that he has reservations about the constitution of the Tribunals under Article 323 A and B of the Constitution and a tribunal cannot be substituted by a constitutional court. Srinivas Ayyadevara, president, FAPCCI, R. Vasudev Pillai, advocate of Supreme Court, also addressed the gathering.
