As voices against “judicial activism” were raised once again from certain quarters on Supreme Court’s recent orders in cases like 2G scam, black money and Salwa Judum issues, the apex court in a hard-hitting judgement on the enforcement of citizen’s rights flayed the tendency of raking up the “bogey” every time when it passed any direction to the executive for implementing the welfare schemes for poor and downtrodden.
Describing the tendency as “unfortunate” even when courts were doing their constitutional duty, a bench of Justices G.S. Singhvi and A.K. Ganguly said the judiciary was only enforcing the laws passed by Parliament and state assemblies during the past 63 years when their implementation had been “extremely inadequate and tardy”.
“The most unfortunate part of the scenario is that whenever one of the three constituents of the state; judiciary has issued directions for ensuring that the right of equality, life and liberty no longer remains illusory for those who suffer from the handicap of poverty, illiteracy and ignorance and directions are given for implementation of the laws enacted by legislature for the benefits of have-nots, a theoretical debate is started by raising the bogey of judicial activism and overreach,” the top court said.
Stating that the judiciary was deriving its powers from the Constitution to pass any direction to executive authorities, the top court said “the benefit of welfare measures enshrined in the laws passed during past 63 years has not reached millions of poor, downtrodden and disadvantaged sections of the society and the efforts to bridge the gap between the ‘haves and have-nots’ have not yielded the desired results.”
Explaining the role of NGOs and social activists, who bring before the courts matters relating to the violation of citizen’s rights, the top court said the action of all such groups became very important in a democracy, especially when it was very difficult for the poverty and illiteracy-ridden populace to take up their fundamental rights with the courts.