Guwahati:
Distinguishing between ‘judicial activism’ and ‘judicial overreach’, former Chief Justice of India (CJI) Ranjan Gogoi on Friday maintained that it’s the duty of the judiciary to decide on when to behave as a catalyst for change and when to uphold the established order.
He additionally underscored the necessity for judicial programs to adapt to the altering occasions, which is being recognised globally.
“This delicate act of navigation – choosing when to act as a catalyst for change and when to uphold the status quo – underscores the judiciary’s immense responsibility. It is within this context that the distinction between ‘judicial activism’ and ‘judicial overreach’ becomes profoundly significant,” Justice (retd) Gogoi mentioned.
He was delivering the keynote deal with on the 76th basis day of Gauhati Excessive Court docket.
“Judicial activism is not the same as judicial overreach. The former is a peacemaker; the latter is a trespasser,” the Rajya Sabha member added.
He mentioned that ‘adventurous’ judicial activism carries with it the danger that choices, although well-intentioned, generally result in unintended penalties, muddying the waters of authorized certainty.
He maintained that the appearance of Public Curiosity Litigation (PIL) has marked a revolutionary shift within the authorized panorama, “transforming the judiciary from a passive arbiter of disputes into an active force for social change and at times even bringing in debatable changes in political life and values”.
The previous CJI, nonetheless, cautioned that the PIL can also be like a double-edged sword.
He mentioned, “On one side, PIL has been instrumental in effecting landmark changes in various sectors, including environmental protection, human rights, and government accountability. On the other side, the broad latitude provided by PIL has sometimes led to what can be seen as judicial overreach, with courts encroaching upon the domains traditionally reserved for the legislative and executive branches and trenching upon political morality.”
Highlighting the necessity for judicial programs to adapt, the previous CJI mentioned the urgency on this regard has been recognised worldwide.
“These systems are called upon to be prophetic, to understand the undercurrents of their rulings, and to promote an environment wherein the law befriends vitality rather than unwittingly hindering it,” he mentioned.
A practical judiciary, endowed with enough sources and personnel, is now not a luxurious however an crucial for the sustained improvement of the nation, he added.
“In the absence of timely justice, the public’s trust in the institution wanes, and the rule of law is undermined, affecting the nation’s overall wellbeing,” Justice (retd) Gogoi mentioned.
The previous CJI maintained that the judicial establishments will not be merely constructed of bricks and mortar, reasonably these are corridors of hope.
“The moment hope falters in the hearts of the common man, questioning whether this institution will stand by them through thick and thin, that is the moment we risk losing the essence of our establishment,” he mentioned.
He asserted that the true measure of the judiciary’s energy doesn’t lie in its resistance to govt management or materials infrastructure or resilience in opposition to everlasting forces.
“Rather, its vitality and relevance are deeply intertwined with the faith that the citizen places in it,” he mentioned.
Innovating methods to make the judicial system extra approachable, adaptable, and attentive to the evolving wants of society are integral steps in preserving this belief, he added.
(Aside from the headline, this story has not been edited by NDTV employees and is revealed from a syndicated feed.)