Subscribe to the Bombay Chartered Accountant Journal Subscribe Now!

May 2013

Judges must stay clear of policy matters unless in conflict with Constitution: CJI

By Tarunkumar Singhal, Raman Jokhakar, Chartered Accountants
Reading Time 1 mins
fiogf49gjkf0d
Judges should not normally interfere with policy matters unless they are in conflict with the Constitution and the law, Chief Justice of India Altamas Kabir said on Sunday at the end of a conference of chief justices of High Courts and state Chief Ministers. Judges should also refrain from commenting unnecessarily on other constitutional authorities, he said. “As a general principle, we don’t interfere.”

The CJI’s remarks can be seen as both introspection and a cautionary note to courts which have been very active of late in policy areas. The top court itself is dealing with several challenges to policy whether it be FDI in retail, coal block allocations or environmental clearances to major industrial projects.

The top court’s decision to set aside 2G spectrum licences over irregularities had marked a remarkable departure from courts’ reluctance to interfere in policy matters. Responding to a question about the proposed Judges’ Accountability Bill, which has a clause that bars judges from commenting on unrelated issues while dealing with a case, the Chief Justice said: “Unnecessary comments should not be made. I agree on that.”

Download PDF

You May Also Like

PM Manmohan Singh – Analytical lion, prescriptive lamb

When gold falls – Govt cannot assume it will solve current account problem