The ultimate balance

President Pranab Mukherjee’s caution on judicial activism springs from a non-partisan view.His explanation of the constitutional provisions governing the country carries an evolved logic in the light of the experience of close to 70 years since Independence, but particularly of the last few years in which courts have been most active in any number of issues that might, on the face of it, seem to be infringing on executive and legislative powers.

But then the courts, because of inaction by the executive and the reluctance of legislatures to make laws, have been dragged into issues they would normally consider beyond their duty. The number of PILs coming up before the courts, especially the SC, also tends to drag them into territory they would normally be chary of treading into. The ability of the judges to use their wisdom to sort out issues of grave public interest only tends to encourage more such litigation, just as the executive is too often seen to lean towards laying back and then doing the court’s bidding rather than acting on its own.

The President’s praise of the speed at which the collegium is functioning this year recognises the right kind of activity on the part of the CJI and colleagues. Whether right or wrong, a very important facet of a constitutional issue has bowed to the powers of the judiciary. Here, again, the President’s advice on how the only check on the “exercise of powers by the judiciary is self-imposed discipline and self-restraint” is best heeded because this is the ultimate balance in the current atmosphere.