Is judicial activism here to stay or is it just a passing phase?
The pandemic has brought a series of incidents where people went to the courts for medical management issues. Radha Radhakrishnan is joined with renowned Justice S. R. Bannurmath, Former Chief Justice of Kerala High Court, Former Chairman of Maharashtra State Human Rights Commission, to understand how the system is coping up with the pressure of activism.
He says that people are rushing to the courts because of their ultimate faith in the Judiciary. Justice is a Fundamental Right guaranteed to citizens. According to him, it is obligatory to understand how higher judiciary works, especially High court and Supreme Court in the light of judicial activism. The power of judicial activism is available to only superior courts, like High Court under Article 226 of the Constitution and Article 32 of the Constitution to the Supreme Court, no other courts can invoke this principle of or concept of judicial activism. He also talks about how the process of judicial activism started. In his conversation he explains Public Interest Litigation, Locus standi and Sou Motu Power. With the system being almost overburdened, almost a century is lost in litigating. The courts are working on this issue but owing to the problems in the pandemic, a small committee of a legal expert, retired judges can work it out together with the aim to reduce the burden of countless cases.
Judiciary is not to govern the state, it is the duty of the governmentJustice S.R. Bannurmath