Courts cannot sit with folded hands when executive fails to perform its duties: Justice BR Gavai
Judicial review acts as a mechanism for checks and balances in a democracy so that there is no misuse of power, the Supreme Court judge said.
The judiciary in India has repeatedly demonstrated that courts cannot sit with folded hands when the executive fails to perform its duties, Supreme Court’s Justice BR Gavai said, Live Law reported.
“Every now and then, the government and its instrumentalities are making decisions affecting the rights of individuals in a large number of cases,” he said. “Therefore, it is all the more crucial for all the administrative authorities to make a decision while acting judicially. This is because the court may go into the validity and constitutionality of decisions made by the executive.”
The judge made the comments while speaking at Harvard Kennedy School in the United States.
He added that the purpose of judicial review is to ensure that administrative actions and policies are consistent with the principles and the Constitution. Judicial review acts as a mechanism for checks and balances in a democracy so that there is no misuse of power, he said, The Telegraph reported.
With the help of judicial review, the court has acted as a bridge between the legislature’s powers and the interests of the citizens. He also mentioned some of the recent judgements of the top court including the striking down of the electoral bonds scheme that held the executive accountable.
On Saturday, Gavai also said that the Supreme Court of India is completely independent and does not allow any political interference, The Times of India reported.
“The Indian Constitution has a foundation of separation of powers which is well established and clearly defined,” the newspaper quoted him as saying.
The Supreme Court judge said that India stands strong on the three parameters of democracy comprising the rule of law, independence of the judiciary and non-interference of the military in legislative and government functions.
His comments came at a time when Prime Minister Narendra Modi, on March 28, backed a letter by 600 lawyers to Chief Justice DY Chandrachud alleging that a “vested interest group” is acting against courts.
Referring to the letter on social media, Modi accused the Congress of “bullying” the judiciary. However, the Congress said that Modi “orchestrating and coordinating” an attack on the judiciary in the name of defending it is the “height of hypocrisy”.
