May 7: Former judge of the Supreme Court Justice Kuldip Singh justified the wave of judicial activism sweeping Indian courts by stating that judges had to be active if the constitutional rights of Indian citizens were to be protected. He was speaking on `Role of the judiciary under the constitution' at a public meeting organised by the Forum of Free Enterprise (FFE) today.

Justice Singh pointed out that the Central Bureau of Investigation (CBI) worked under the very ministers who were involved in the scam the agency was investigating. ``How can it work independently unless the master under whom it is working gives it a free hand?'' he questioned. In such cases, it became important for courts to intervene and get an impartial inquiry.

Citing the examples of scams, he remarked that corruption in the country had reached its peak, and the courts could not watch as mute spectators. The Justice blamed politicians and the media for unnecessarily raising a hue and cry about the alleged encroachment by the judiciary on the powers of the executive. ``Our written constitution is supreme, and if the rights of people have been mentioned, they cannot be encroached upon,''he declared.

Noted jurist Nani Palkhivala, president of the FFE, commented that India was blessed with a committed judiciary which had done tremendous work in safeguarding the rights of its citizens. ``Kuldip Singh is one of a rare breed of judges, who is renowned as the `green judge' for the commendable work he has done to save the environment,'' said Palkhivala.

He remembered that during the period of Emergency rule imposed by the former Prime Minister Indira Gandhi, the power of judges had unfortunately been curtailed, and this should not be repeated.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.