The Judiciary in India may turn into a dictator. The Supreme Court Judge P Sathasivam said that the ‘tool of judicial activism’ should be used carefully by the judges, failing which the Supreme Court could turn into a ‘tyrant institution’.
Sathasivam said, while addressing at the ‘Arthanareeswara Iyer Memorial Lecture on Judicial Activism, ‘Judicial activism was a sharp-edged tool, which had to be used as a scalpel by a skillful surgeon to cure the malady’.
The lecture was organised by the Bar Association The apex court judge said:
The Supreme Court’s pivotal role in making up for the lethargy of the Legislature and the inefficiency of the executive is commendable. But the law can be dehumanized and the final forensic floor–the Supreme Court–may turn into a dictator. He concluded by saying that the weapon of judicial activism should be used carefully.
He said that there are some cases where courts have exceeded their jurisdiction. However, the judiciary has its own checks and balances to maintain its limit. The Judicial process should be free from pressure and interference from any quarter. ‘The Constitution has secured to them, the independence,’ he further added.
He also said that the other two institutions ‘ legislature and executive ‘ are losing public trust and in such situation, the judiciary is the last hope for Indians.
‘Is the judicial activism itself on trial?’ It has become a major question in today’s context and only judiciary, who else, may answer to this question.
