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He also asked the judiciary to avoid becoming a 'super legislature'.
Speaking at a function of the High Court Bar Association on Monday, Chatterjee said the Indian constitution has clearly demarcated the responsibility for managing public affairs to the legislature for which they are accountable to the people.
"Any efforts by the judiciary to take on itself the onerous responsibility of the governance of the country will have serious implications," he said.
The function was also attended by Chief Justice of Bombay High Court Justice Swatanter Kumar and a galaxy of other members of bench and bar.
"Legislature has a pre-eminent position in the democratic set up," he said.
Quoting Nehru, Chatterjee said the Supreme Court or the judiciary can not stand in the path of the legislature.
He said judiciary has the power to examine the constitutionality of the law but not to tell (legislature) how the law should be implemented.
Chatterjee said it is not within the jurisdiction of the judiciary to make laws or lay down general norms of behaviour for the government or to decide upon public policy.
"Only legislative competence or action of Executive on the touchstone of fundamental rights can be examined while exercising powers of judicial review," he said.
Expressing deep concern over inordinate delay in dispensing justice, Chatterjee said it was disturbing the nation's 'conscience'.
Quoting former apex court Chief Justice S P Bharucha, he also reflected on corruption in the judiciary and said about 20 per cent of judicial officers could be corrupt.
"One in every five judicial officers is corrupt, our judicial system calls for a thorough overhauling. Otherwise people will have not faith in the system," he said.
He also advocated best, affordable and speedy justice to the poor.
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RatingSad to hear that 1 in 5 of the Judges are corrupt. If all these corrupt Judges are sent to Jail, there will not be any space left in the jail for murderers and rapists. What a shame..
Dear Sir, With my hats off to the great leader Mr. Chatterji. He is well learned and has the best possible experience of legislature. But had the Judiciary not been correcting the misdeeds of Executive and Legislature can it be assessed as to how many people would have sufferred at the hands of biased legislators. Of course, Legislature is supereme, but the way we want Judiciary to be accountable , what is bad if we have some effective agency to correct Legislature.I wish an encouraged Judiciary be given more strenth to proceed ahead in deliverance of Justice to the People of India.
Somnath Chatterjee is just talking all bull****.The judiciary had to intervene from time to time to save the nation from the selfish politicians.Actually due to the short-comings in the Indian Constitution,which unfortuantely was drafted by the Consitutio-makers by usuing their hearts rather than their brains.The Consitution as well as the politicinas have miserably failed the nation.Time and again the nation has been saved by the judiciary.People are fast losing faith in the politicians.Instead of crticising the judiciary,the politicians must introspect and take corrective measures,if they do not want to be consigned to the dust bin.
If the Government does not implement laws then should SC sit tight and the judges merely suck their thumbs? They have every right to order theGovernment to implement the laws. Mr.Chatterjee, do not try to be overintelligent.
Respected Subhu, I hope you may be delivering good services i.e. impartial and Just decisions while dealing in your own establishment.
Agreed that Judiciary should not become "Super Legislative". But, when Legistature becomes "Super Juducuary", who will save the people? If legislture acts in a fair manner in conformity with the provisions of the constitution, the Judiciary will have no need to act as "Super Leegistature". But, how may of the Indian legislators have even the basic knowledge of the constitution? When such people become lawmakers Judiciary will be forced to overstep to protect the rights of the people.
Judiciary is the saving face of India with united pro terrorists alliance upa in power. Judiciary should cut the tail of politicians when sonia khan took bribe from saddam hussain. Jusdiciary should intervene when sonia khan defreezes her friend Q's account in london. Judiciary should intervene when sonia khan helps her friend Q to escape in portugal. Judiciary should intervene when sonia manio and upa are making whole heart effort to save afzal. Judiciary should intervene when united proterrorists alliance is encouraging terrorism in India which is targeted at non muslims. Judiciary should intervene when criminals laloo and his like are ruling India for the lust of power. Not to mention sonia khan and her family who are enjoying power with gandhi tag.
A watchdog like the Judiciary is required to prevent the executive becoming,a SUPER DICTATORSHIP,which the UPA is,under ex-IMF MM Singh,member Club Of Rome and traitor.
19.02.2008The Hon. Chief Justice of India should screen the criminal records of MPs / MLAs and the corruption prevailing among them. It is better to have 20 % corrupt Judges than to have 20% MPs with criminal records and 100 % corrupt among the legislatives.In India 80% honest Judges are saving the democracy. 20 % corrupt Judges are also due to the pressure by the Politicians on the Judges to make them corrupt.LONG LIVE OUR 80 PERCENT HONEST JUDGES. WE WILL SEE 20 % CORRUPT JUDGES (as per Mr.Chatterji) THAT THEY ALSO BECOME HONEST ONCE THERE WILL BE NO POLITICAL PRESSURES ON THEM BY THE MOST CORRUPT LEGISLATURES. Mr.ChATTERJI SHOULD SHUT UP HIS MOUTH TO SPEAK ABOUT 20 % CORRUPT JUDICIARY ON THE PUBLIC PLATEFORM.Dr. R.K.D.Goel Vadodara Ph:0265-2647677
19.02.2008What is about the % rate of corruption of the legislative wing, MPs / MLAs those are responsible to make the Law of the country? What is the percentage of MPs in current Parliament having criminal record?If the India is going it is the judiciary to keep watch of corrupt MPs / MLs those are resonsible for Law making? Are the Executives doing their duties properly and saving the fundamental rights of the Inadians?If there will be no restriction by the Honest Judges on the Legislative and Executives the democracy in India will collapse.Dr.R.K.D.Goel Vadodara Ph:0265-2647677
Keep your tainted hands of the judiciary and stop fretting.Communist must never ver contemplate corrupting the judiciary and by forceing it to compromise its independence. On the contrary you communist can take your vile idelogy and shove it up, where it will hurt you the most. You miscreants have robbed the poor and stoloe their basic necessities, to line your pockets.It is time for all you communist goons to get lost.
you politicians -don't have right to talk about not only judiciary but also in public meetings including COMMUNISTS.you people are making us fools,hiding every crime,supporting to criminals and killing common people,farmers.You are talking about judiciary.don't you feel shame?.
Legislature----leg-less-lature--is not pre-eminent as said by chatterji.Your party is rulling in west bengal.your party used goondas and rowdies to kill farmers and made the place a war like one.remember chatterji..I think you might have forgotten this because it affects you.At that time public went to judiciary not to legislature for their justice and safety.so mr.chatterji--you decide which should be in uphold.Is it clear now mr.chatterji---speaker?.Speaker should speak only in legilature area not in holy areas.
You politicians are 100% corrupt. You are cheating the people who voted for you. You criminal’s don’t have the morale to criticize the Judiciary. 1 out of 5 is too better when compared to you guys…
being a politician,mr.chatterji thinks high about legislature after hiding all their criminal activities.Now we are reading in news papers about politicians and their crimes.we want legislature should go under judiciary..o.k.currupt and criminal politicians are ruling now at the centre....don't you know.you are hiding everything baba.
19.02.2008I 100 % agree. Mr.Cahtterji first should see the percentage of MPs with criminal records and than he should not talk of 20 % corrupt JudiciaryDr.R.K.D.Goel Vadodara
judiciary should hold top position instead of parliament.We people believe only judiciary not parliament which has more criminals now.
Mr. Chatterjee is quoting Nehru, but there is no one in the legislature of such stature. It is the qualifications and motives of the current legislature, which is a suspect, and it would pay to note that the common man has far more respect for the judiciary than the legislature. Increasingly, the judiciary is being looked up as the saviour of the common man, rather than the legislature.
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