Chief Justice of India, S.H. Kapadia, said on Saturday that judges must not “give lectures” to the society while doing their job and should not “judge the wisdom of legislature”.
Delivering the Justice P.D. Desai memorial lecture here on the subject “Constitutional Morality”, Justice Kapadia said “High Courts and the Supreme Court are courts of principles. The judges should not speak anything beyond the principles of a particular case. Let us not give lectures to the society.” “The problem is sometimes we judges impose our own values, our own likes or dislikes on the society,” CJI Kapadia said.
“The judges should keep in mind that we cannot judge the wisdom of legislatures. We have to work for constitutional principles. I have no right to say what others should do but I have to perform the duty on constitutional principles,” he further said.
“So, I am of the view that if the judges take decisions on principles, many of the controversies that are taking place now will not arise”, he said.
The CJI also said that courts these days faced the challenge of balancing the rights and the society’s interests.
Without mentioning the recent Supreme Court ruling in CVC P.J. Thomas appointment case, Justice Kapadia said “now take the case of balancing points... What is more important to the appointment of higher office? Presumption of innocence or presumption of institutional integrity and competence?”
“On issues of development versus environment, to judge a case is a most difficult exercise...Can you rule out development in the interest of environment? The answer is no. Can you lean totally in favour of development and rule out environment? The answer is no,” he said. —PTI