Justice A.S. Bopanna, Judge, Supreme Court of India, said here on Thursday that the role of judicial activism cannot be negated or overlooked as it plays a significant role in providing justice to the underprivileged sections of the society.
He was delivering the inaugural address of Jignyasa-2022, a day-long convention organised by the Industrial Management Association in Mysuru.
The main focus of the convention was ‘’Judicial Activism with Special Reference to Industrial Laws’ and Justice Bopanna identified indigent individuals, socially and educationally backward classes, undertrial prisoners, manual laborers etc as being underprivileged.
He said a court indulging in judicial activism is far more efficient than a conservative court since it is only on such liberal interpretation of the laws a court would be in a position to safeguard the citizens from legislative and executive tyranny.
Justice Bopanna said to make socio-economic rights judicially enforceable, the judges are duty-bound to expand the interpretation of Article 21 in Part III of the Constitution and guarantee the right to life and Article 14 of the Constitution to ensure right to equality.
Elaborating on the subject Mr. Justice Bopanna said although the provisions of civil and political rights guaranteed in the Constitution are accepted to be in the domain of the legislature and the executive, the High Courts and the Supreme Court are expected to assert the role of judiciary in holding the government accountable for implementing these rights
In the said process the court highlights the failure of the executive to implement the projects for the well-being of the poor and ensure the implementation of the provisions of food, healthcare or living wage. The State will be held judicially accountable for constitutional violation of its role.
‘’Even in cases where there was no failure on the part of the State but when certain situations required the courts to play their role and complement the role of the executive in extraordinary circumstances, the courts have stepped in, which though considered judicial activism, was ultimately for the benefit of the citizens’’, said Mr. Justice Bopanna pointing out that the intervention of the court during COVID-19 on various aspects was a prime example.
Suttur Mutt seer Shivaratri Deshikendra Swami, former Lokayukta N. Santosh Hegde, N.Muthukumar, COO, Meritor, Association president A.C. Narendra were present.
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