Judicial activism undemocratic, says Somnath

8220;This judicial activism is unfortunate and uncalled for,8221; Chatterjee told a 8216;face-to-face8217; programme at the Kolkata Press Club. He was particularly critical of the judiciary while referring to the Calcutta High Court8217;s order disallowing the holding of Kolkata Book Fair at the Park Circus Maidan on the ground of environment pollution and violation of fundamental rights. 8220;This decision of the High Court is unfortunate,8221; he said.

Asked if judicial activism would strike at the root of democracy, the Speaker replied, 8220;certainly8221;. He said it was he who had protested judicial activism in a no-trust motion in the Jharkhand Assembly a few years ago 8220;wherein the Assembly Speaker was directed to conduct the House as per court order and reported to it accordingly8221;. 8220;I then protested and my protest was acknowledged later,8221; Chatterjee said.

The Speaker was critical of the contention that judiciary would have to step in 8220;when the Government does not work and the legislatures and Parliament are not active saying 8220;this view, I feel, is unwarranted and the judiciary has no power to exceed its limit8221;. Chatterjee said while the legislature and Parliament were accountable to the people, the judiciary was seeking to 8220;take away rights of the legislatures and the executive too8221;.

8220;This unelected body has no responsibility so far as it intervenes in the powers of executive and the legislatures.8221;

8220;The court has the jurisdiction to examine the legality or constitutionality of any matter. But there has been intervention in matters of executive and the legislatures,8221; he said.