PM seeks restraint on judicial activism
Manmohan said judicial activism must be used in a restrained manner to fill up any institutional vacuum or failure.india Updated: Aug 31, 2006 04:12 IST
In an inaugural address to the Conference of Chief Ministers and Chief Justices of High Courts, Prime Minister Manmohan Singh has stressed on judicial activism being used in a restrained manner.
He said that it is important to take into account "administrative viability" while asking the higher judiciary to address "instances of corruption" in judicial system.
"I feel that judicial activism must be used in a restrained manner to fill up any institutional vacuum or failure and to clarify legal positions, retaining its character as a powerful but sparingly used instrument for correction.
"Judicial activism must also take adequately into account the administrative viability of the reform process," he said.
Describing Public Interest Litigations (PILs) as a highly commendable mechanism when it was initiated, he said "we need to reflect whether we have reached a stage where the pendulum has swung to the other extreme, whether it has become a tool for obstruction, delay and sometimes, harassment.
"A balanced approach in taking up PIL cases will continue to keep PILs as a potent tool for rectifying public ills."
An important aspect of the reform and modernisation of the judiciary and improving the incentive mechanism, the Prime Minister said, was to tackle corruption in judiciary.
"Instances of corruption have now begun to surface in our judicial system too. The higher judiciary must address this challenge and show the way forward to the rest of the system," he said.