PM not for use of judicial review to erode role of govt wings

Hyderabad, Feb 6 (PTI) In the wake of carping commentsfrom the Supreme Court vis-a-vis the government in variouscases, Prime Minister Manmohan Singh today said the power ofjudicial review should never be used to erode the legitimaterole assigned to other branches of the government.

"While the power of judicial review must be used toenforce accountability, it must never be used to erode thelegitimate growth assigned to other branches of thegovernment," he said inaugurating the 17th Commonwealth LawConference at the Hyderabad International Convention Centrehere.

This is "vitally necessary to preserve the integrity andsanctity of the constitutional scheme premised on thediffusion of sovereign power," the Prime Minister said.

His remarks come in the wake of the Supreme Court''sproactive role in the 2G spectrum allocation, CVC appointmentand other cases.

The Prime Minister said developing countries needed alegal system that was conducive to rapid economic developmentand one that has a built-in mechanism to promote equitabledistribution of gains from development.

"A sound legal system based on the rule of law andeffective and speedy contract enforcement are a majordeterminant of a favourable macro economic development.

"It is my firm belief that meaningful solutions to theproblem of mass poverty that prevails in developing countriescan be found only in the framework of a rapidly expandingeconomy," he said.

Singh said the legal order must constantly adapt itself tochange in a fast-changing world.

"That is the only way it (legal system) can retain itsrelevance. The role courts and judges play in making law aninstrument of social stability and progressive change cannotbe over-emphasised," he said.

Singh said it was necessary to address common challengesfacing the humanity as a whole.

"These include international terrorism, poverty,malnutrition, protection of human rights, climate change andenergy security. Indeed, the rule of law can no longer bedivorced from global policy languages," he said.

The Prime Minister urged the jurists and thinkers toreflect on ways and means that would ensure the continuingstrength and resilience of liberal institutions of democracyand the rule of law in the framework of a rapidly expandingeconomy.

Chief Justice of India S H Kapadia, who also addressedthe conference, virtually slammed the government on the foodsecurity issue and the lack of financial inclusive growth.

(MORE) PTI DVB SMI SC