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Judicial restraint

Judicial restraint
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First Published: Wed, Dec 12 2007. 12 03 AM IST
Updated: Wed, Dec 12 2007. 12 03 AM IST
The Supreme Court’s observation on the need for judicial restraint is well timed. Of late, reservations against judicial activism have been voiced, mostly by the executive and the legislature. These have usually been born of pique against the judiciary and little else.
The observation points that judges know the limits that are implicit in their work. There is an umbilical link between judicial efficacy and balance of power between it, the executive and the legislature. If in recent years this balance has tilted towards the judiciary, it’s the two other wings of the state that are to be blamed. The courts have only stepped into the vacuum created by the two. Had the executive done its work, there would have been no need for this.
Sadly, even as they point to the courts stepping on their turf, the two wings have done little to remove the conditions that necessitate such intervention in the first place. Courts remain the only source of justice for harried citizens.
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First Published: Wed, Dec 12 2007. 12 03 AM IST