Speaking as Chief Guest on “Idea of Justice After 75 years of independence” at a seminar organized by Adhivakta Parishad (Supreme Court unit) in connection with Constitution Day, the former Chief Justice of Karnataka High Court who was appointed Law Commission Chairman on November 7 said: “We must also understand that Judicial activism challenges the concept of separation of power of the three arms of the state. Many times, in the name of judicial activism, judiciary interferes in the administrative domain and ventures into judicial adventurism or overreach. This is when judicial restraint comes into picture. If judges are to freely decide and make laws of their choices, it would not only go against the principles of separation of powers but it would also result in chaos and uncertainty in the laws.”

Though totally unconnected, the new Law Commission Chairman’s comments comes close on the heels of Law Minister Kiren Rijiju criticizing the SC judgment which scrapped the National Judicial Appointments Commission Act which proposed to replace the collegim system of judges appointment giving government more say in the selections.

Justice Awasthi’s remarks also came on a day when Vice President Jagdeep Dhankar in his very first address as the Chairperson of the Rajya Sabha made critical comments about the Supreme Court’s judgment which overturned the Constitutional Amendment passed to bring in the National Judicial Appointments Commission.

The Vice President said that the Supreme Court’s judgment was a “a glaring instance of severe compromise of parliamentary sovereignty and disregard of the mandate of the people of which the Rajya Sabha and the Lok Sabha are custodians

Said Justice Awasthi: “Judicial activism is seen as a success in liberalising access to justice and giving relief to disadvantaged groups because of the efforts of Justice VR Krishna Ayer and Justice PN Bhagwati. It is an effective tool for upholding the citizens’ rights and implementing the constitutional principles when the executive and legislative fail to do so. The shift from locus standi to Public Interest Litigation has made the Indian Judicial process more participatory and democratic. Judicial activism therefore counters the opinion that the judiciary is a mere spectator.”

“The Higher Courts of the country innovatively interpreted the Constitution in a manner as to give effective rights to the citizens which are important in day-to-day life. The framers of constitution wished to empower citizens with certain rights which are levied as fundamental rights and they cannot be taken

away by the government. In the years that followed, the judiciary, on its part innovatively interpreted the constitution and gave to us various rights like right to information, right to education, right to free legal aid, to include right to live with dignity in right to life.”, said Justice Awasthi

“We must also understand that Judicial activism challenges the concept of separation of power of the three arms of the state. Many times, in the name of judicial activism, judiciary interferes in the administrative domain and ventures into judicial adventurism or overreach. This is when judicial restraint comes into picture.

Law Commission members Justice K T Sankaran, Prof. Anand Paliwal, Prof. DP Verma were also present at the event hosted by Adv Nachiketa Joshi and Adv Rashmi Singhania, the General Secretary and Unit Secretary respectively of Adhivakta Parishad (Supreme Court unit) Senior advocate Guru Krishna Kumar was the Guest Of Honour at the function

After a gap of four years, the Centre had re-constituted the Law Commission appointing Justice Rituraj Awasthi, former Chief Justice of Karnataka HC as its Chairperson, Justice KT Sankaran, Prof. Anand Paliwal, Prof. DP Verma, Prof.(Dr) Raka Arya and Shri M. Karunanithi were appointed as Members of the Commission.