No Judicial Over-reach : Law Minister

New Delhi, May 6 (UNI) Acknowledging ''a feeling that the judiciary is over reaching its boundaries,'' Law and Justice Minister Hans Raj Bhardwaj asserted in an interview published today: ''it is not.'' ''There is a feeling that the judiciary is over reaching its boundaries,'' Bhardwaj told the monthly Hardnews, presumably alluding to Prime Minister Manmohan Singh's remarks last month.

''But I would say it is not because if the executive doesn't perform any part of the work that has been assigned to it, then people will approach the court and demand action.'' ''If the judiciary draws the attention of the executive to these areas and then insist that it should be looked into, should we call it a confrontation? It is in the interest of the people of India that the executive, legislature and judiciary do their duty. The objective is to serve the people.'' Dr Singh's remarks which some news media interpreted as limits-- Lakshman Rekha-- for the judiciary came at a joint conference of Chief Ministers and Chief Justices of High Courts at Vigyan Bhawan on April 8.

The Prime Minister had cautioned that ''the dividing line between judicial activism and judicial over-reach is a thin one,'' pointing out how ''substituting mandamus with a takeover of the functions of another organ may, at times, become a case of over-reach.'' But in another context, Bhardwaj suggested that judicial over-reach was something to ''be looked at.'' Neither he volunteered nor he was asked to reconcile the remarks.

On making judges accountable, Bhardwaj said, ''the Constitution did not provide any such accountability. But now as we have gained experience, we realise that their performance, integrity and over-reach should also be looked at.

''We have come to realise that there should be a National Judicial Council headed by the chief justice. It should look into the general complaints that arise from time to time about punctuality, efficiency and integrity of sitting judges.'' On corruption in judiciary, Bhardwaj said, ''there has hardly been any impeachment of judges or complaints.

''Of late, a section of people have raised the issue about corruption in the judiciary. The government has taken note of these charges and is trying to put in place a system to deal with it.

''There is a procedure in the Constitution as interpreted by a nine-judge bench and any appointment of a judge has to pass through this procedure.

''The President of India is the appointing authority of the superior judiciary and Constitutionally he has the power to point out from time to time any shortcoming and seek clarification from the executive.

''We are all committed toward zero tolerance on the issue of corruption in judiciary. There is no difference of opinion on this issue.

''I firmly believe that the issue has to be looked into by peers. No one else has the power to do that. If the government starts looking into it then there will be erosion in the independence of the judiciary.'' On whether a Judicial Council should have non-jurists, Bhardwaj said, ''Outsiders will not fit in the system the same way outsiders do not fit into a legislature.

''The legislature takes note of the misconduct of its own members. Similarly, judiciary alone should be given this responsibility so that there is no intrusion on judicial independence. If five judges of SC cannot do justice, what can a (non-)jurist do?'' MORE UNI