Courts have to guard constitution: Justice Anand

Jammu, Jan 21: Stressing on the need for self restraint on the part of judges in the wake of unprecedented "judicial activism", former Chief Justice of India Adarsh Sen Anand has said the constitution does not give ''absolute'' powers to anyone.

Delivering a lecture on 'Judicial Activism and Self-Restraint,' the former chairperson of the National Human Rights Commission (NHRC) said the virtue of humility in the judges, an awareness that their power is meant for use in public interest and to uphold the majesty of rule of law and not in self-interest are a must.

Justice Anand said the realisation that judges are not infallible, would ensure the requisite self-restrain in discharge of all judicial functions.

''Public adulation must not sway the judges and personal aggrandisement must be eschewed, he said, adding that it is imperative to preserve the sanctity and credibility of judicial process,'' he added.

Justice Anand said, ''the accountability of the judges is to the people in whom the ultimate sovereignty vests. The public confidence has to be retained, which is the real source of strength of the judiciary.' He elaborated on the erosion of credibility in public mind resulting from any internal danger which is the greatest threat to the independence of judiciary.

The former NHRC chief called for eternal vigilance to guard against any latent internal danger, saying 'lest we suffer from self-inflicted mortal wounds'. ''If rule of law is in strain, democracy is threatened,'' he added.

However, disagreeing with the term 'judicial activism' he said it ought to have been termed as judicial creativity.

''Judicial activism is a delicate exercise and great skill was required for innovation. It has to be controlled and properly channalised,'' he said, adding that courts have to function within the established parameters and constitutional bounds.

He said decisions should have a jurisprudential base with clearly discernible principles. ''Limits of jurisdiction cannot be pushed back so as to make them irrelevant. Courts have to be careful to see that they do not overstep their limits because to them is assigned the sacred duty of guarding the Constitution,'' Justice Anand maintained.

UNI