One has to maintain balance between judicial activism and judicial restraint: Delhi HC Chief Justice on retirement

“There is always a gap between justice and law. Merely because the law is enacted, there is no guarantee that justice will be done. There is some role to be played by judges. And if there is any gap, a judge has to fill up the gap. That is known as judicial activism. That is inevitable but as a matter of exception, and not as a matter of a rule,” said Justice Patel, while speaking at his farewell reference.

However, Justice Patel added that whenever there is a gap between law and justice, there is bound to be judicial activism. “We are giving several guidelines in several decisions,” he said, adding, “We are concerned with the law as it is and not with the law as it ought to be. It is a matter for parliament, and in the absence of law, it is for the executive to draft the policy as per the bifurcation of the power and the Constitution. One has to maintain the balance between judicial activism and judicial restraint.”

The Centre had on March 4 appointed Justice Patel as Chairperson of Telecom Disputes Settlement and Appellate Tribunal. The Ministry of Communications in an order said the Appointments Committee of the Cabinet has approved his appointment to the post. He will receive a salary of Rs 2.5 lakh per month, and has been appointed for a period of four years from the date of assumption of charge.

Justice Patel, who is from Gujarat, was appointed as a judge in March 2004. He was made Chief Justice of the Delhi High Court in June 2019. He was earlier Acting Chief Justice of the Jharkhand High Court.

Meanwhile, the President of India Friday appointed Justice Vipin Sanghi, the senior-most judge of the Delhi High Court, as its Acting Chief Justice.

“In exercise of the power conferred by Article 223 of the Constitution of India, the President is pleased to appoint, Shri Justice Vipin Sanghi, senior-most Judge of the Delhi High Court, to perform the duties of the office of the Chief Justice of the Delhi High Court, with effect from 13.03.2022…,” the Ministry of Law and Justice said in a notification.