Date:23/12/2004 URL: http://www.thehindu.com/2004/12/23/stories/2004122304621201.htm

National

``Independent judiciary indispensable''

By Our Special Correspondent

COIMBATORE, DEC. 22. "It is the wielders of power who have let the Constitution down," the former Attorney-General, Soli J. Sorabjee, said here today.

Delivering the Second G.K. Sundaram Endowment lecture, organised by the South India Cotton Association, he said that Article 356 was misused to dismiss the State Governments which the rulers at the Centre did not like though it was meant for use only " in the rarest of rare cases" when there was absolute collapse of governance.

Speaking on the "Indian Judicial System and Constitution," he dismissed the oft-expressed "misconception" on how a handful of "unelected judges of the Supreme Court" quashed the laws framed by "elected representatives" of the people.

The founding fathers of the Constitution did not trust the latter because "their own laws cannot be validated in their own court [legislature]". Hence, there was a "limitation" imposed on them and the Supreme Court was considered an "impartial umpire" that would not succumb to likes and dislikes. It was necessary to resolve the disputes among the States and also the States and the Centre.

He said an "independent judiciary" was indispensable to the nation, especially "to protect and enforce" the fundamental rights of its citizens.

The Supreme Court had even "deduced" certain rights "though they were not expressly guaranteed under the Constitution."

For example, the freedom of the press was deduced from the constitutional provision of "freedom of speech and expression". Similarly, the "right to life" did not mean mere physical existence; but the right to live with dignity. This was how the apex court helped protect the environment by activating the pollution control authorities.

Mr. Sorabjee said "personal liberty" took a back seat in the initial stages of independent India. And, by relaxing the doctrine of "locus standi" the Supreme Court had very effectively tackled issues such as custodial violence, plight of the "neglected, underprivileged and the marginalised" sections and also the pathetic situation of child labour.

He said the major issue on which the judiciary had been faltering was the "inordinate delay" in disposal of the cases. The condition was "horrendous" in subordinate courts. To redress this, he pleaded for establishment of more courts with proper infrastructure and filling of judicial vacancies.