Former Supreme court Justice B N Srikrishna said excess of judicial interference is bad for both judiciary and executive because the judges are the same like a cricket umpire and not that of a batsman. He also said that the parliament has lost its authenticity.
“The judges’ role is like a cricket umpire. The umpire can see those players are playing the game by the rules, but he cannot snatch a bat to hit a six if the batsman is not doing so,” he said, participating in a session on “Parliament and Judiciary” at PRS Annual Conference on Effective Legislatures.
Supreme Court may pass such verdicts for doing complete justice
While speaking on judicial activism, the Former justice said judges have an alternative to Article 21 (the guarantees right to life and liberty) for snooping in any matter and use Article 142 of the Constitution as an independent power.
Article 142 says the Supreme Court in the exercise of its jurisdiction may pass such verdict or make such order “as is necessary for doing complete justice” in any cause or matter pending before it.
Ex-Supreme Court judge B N Srikrishna said judicial interference may week judiciary
Srikrishna said that Parliament has lost its authenticity and moral authority today, and the space it has surrendered has been occupied by judiciary. He warned that the excess of judicial interference may weak both executive and judiciary.
“Country runs because citizens vote. Judges cannot run the country. Too much exercise of power weakens both executive and judiciary,” he said.
He appeals the people to elect worthy and capable people as their representatives in parliament who can accomplish their desire instead of approaching courts to get the executive’s work done.
“Citizens should elect better representatives instead of expecting the judiciary to resolve all problems,” he said.
As a judge of the Bombay High Court, Justice Srikrishna in the early 1990s, headed the Commission of Inquiry which examined causes and apportioned blame for the post-Babri demolition Mumbai riots of 1998-93.
