Letters to the editor

Reach of justice 8226; FORMER CJI, J.S. Verma has written two articles on judicial activism IE, April 6 and 7, a very sensitive subject f...

Reach of justice

8226; FORMER CJI, J.S. Verma has written two articles on judicial activism IE, April 6 and 7, a very sensitive subject for politicians. He talks of the Constitution, which has distributed responsibilities to various organs 8212; judiciary, executive, election commission, defence forces, etc. However there are occasions when there are differences or functional failures, and decision-making becomes crucial. Naturally, it is the SC that has the responsibility to interpret the law. The political class is composed of self-seekers. Our Constitution is silent on many issues. For example, criminals must not hold positions of power. But we saw Shibu Soren, a murderer, become a minister. The provision of free, compulsory education remains a pipe dream. Ignoring the provision was a calculated move by the Congress to keep voters underprivileged and ignorant. Issues like the Ram Janmabhoomi should never have gone to the judiciary in the first place. But, if the executive has no will or capacity to solve it, what is the recourse? Justice Verma says that judicial activism should not be ad hoc, the prime minister says the judiciary must not over reach. But who will protect the Constitution and the aam aadmi? Certainly not the politician.

8212; S.G. Shevade, Baroda

Three estates

8226; APROPOS of the speeches made by our prime minister and the CJI at a recent conference of chief ministers and chief justices, court decisions which affect the politician8217;s authority are generally branded as unnecessary judicial activism. In India the legislature and the executive want to enjoy sweeping powers, and there is bound to be some friction when the judiciary steps in. The Supreme Court obviously has the right to review legislation that might tinker with the basic structure of the Constitution. Today the courts are acting as guardians of common people, annulling laws that encroach upon citizen8217;s rights, reining in erring executives and pulling up the administration when it fails in its duties. However, like the executive and the legislature, the judiciary too must be accountable as envisaged by the proposed National Judicial Council and its functioning must come within the ambit of Right to Information Act.

8212; Vitull K. Gupta; Bhatinda,Punjab

Footnote to history

8226; IN the revised edition of her book, Daughter of the East, Benazir mentions, dissuading Gen Musharraf from capturing Srinagar and flying the Pakistan flag over the state assembly. To be consigned to history like her father and Niazi would not have been the most rewarding. Smart thinking, Madam Bhutto.

8212; Kaly Bose, Gurgaon