Judicial review only device to control govt: CJI | delhi | Hindustan Times
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Judicial review only device to control govt: CJI

As the government faces flak from the Supreme Court on a number of issues involving corruption and lapses in decision-making process, Chief Justice of India SH Kapadia on Wednesday said constitutional courts’ power of judicial review was a guarantee against arbitrariness in executive actions.

delhi Updated: Feb 03, 2011 01:03 IST
Satya Prakash

As the government faces flak from the Supreme Court on a number of issues involving corruption and lapses in decision-making process, Chief Justice of India SH Kapadia on Wednesday said constitutional courts’ power of judicial review was a guarantee against arbitrariness in executive actions.

In his special address at the Dr Justice Durga Das Basu Centenary Celebrations function, justice Kapadia emphasised the importance of judicial review of executive actions as an institutional solution of human problems.

“People can ill afford to forget that the constitutional courts’ power of judicial review is the only peaceful device available to control a government, which has an innate tendency to arbitrariness,” he said quoting Dr Justice Basu.

He said people should be proud of their constitution the same way as they were of their parentage and the nation. “I personally believe that if you follow the Constitution, you do not need to practise any religion on the Earth,” justice Kapadia told a gathering that included sitting and former judges, senior lawyers and law students.

Earlier, speaking on “Constitutionalism in Modern Government”, Vice-President M Hamid Ansari said the ‘hardware’ of democratic principles was working well but the software that translated the constitutional goals into reality was giving some trouble.

“Most observers agree that in the past six decades we have internalised in some measure the ‘hardware of democracy’…- the mechanisms, mechanics, institutions and procedures of our parliamentary democracy. “Citizens are cognizant of periodic elections to elect their representatives to the Parliament, State Legislatures and Local Government,” he said.

Ansari, however, raised questions about responsiveness at various tiers of governance as well as transparency, accountability, public consultation and citizen engagement with the political process.