CHENNAI, APRIL 25: Even as the recent conflict between the Tamil Nadu legislature and judicary is yet to fully blow over, Chief Justice of India Justice AS Anand on Friday made the right noise, appealing to the three wings of the State to ``let go of their egos'' and work in harmony.``If the ego is not allowed to come into play it will produce a beautiful melody and harmonious relationship,'' he said, in specific reference to the functioning of the three wings of the State - judiciary, executive and the legislature.
Speaking after inaugurating the government branch press building and laying the foundation stone for Rs 12.45 crore additional law chambers at the Madras High Court complex on Friday, he said judges should realise that while keeping check on whether the other two arms of democracy function within the Constitutional framework, they themselves should ``act within the bounds of law and limits set by Constitution''.
Pointing out that the founding fathers of the Constitution had not provided anyexternal check on the judiciary, even while vesting it with the powers of reviewing the executive and legislative actions, he cautioned that judges were not free to do what they wanted.
``If the judiciary in exercise of its powers of judicial review invalidates a legislation, it does not do it in a spirit of confrontation'', he remarked and added that the courts only look into whether the legislation fits in with the Constitutional framework. Also, when the judiciary strikes down a legislative action, it is not an assertion of its superiority, he clarified.However, disharmony arises only when the ``three-lettered word - ego - ``overtakes either of the wings of the State'. ``Let go of the ego, if you want to make progress,'' he appealed.
Giving a piece of advice to the judiciary, he said that judges dispense divine justice but problem arises when they think they themselves are divine. ``You (judges) are only an actor... by virtue of the authority vested in you,'' he declared.
Stating that the object of acivilised society was making available social justice for all, he called on the three wings to work in unison to achieve the ultimate goal.
Speaking on the occasion, Chief Minister M Karunanidhi called on the Chief Justice to reconsider his decision not to set up a Bench of the Supreme Court outside of Delhi and create a Bench in Chennai for the benefit of all the southern States.
As for the proposed Bench of the Madras High Court in Madurai, the Chief Minister said that construction of the court complex would be started once the High Court Registrar sent the plans and estimates for the project.On the measuares inititated by the government to improve the criminal justice system in the State, he said all police stations int he State had been ordered to register all complaints they received and issue acknowledgements. The Police had been instructed to speed up investigation and charge-sheeting of cases.
Earlier, welcoming the gathering which included State Ministers, Judges and lawyers, Acting ChiefJustice of Madras High Court, Justice N K Jain, lauded the State government for favourably responding to the demands of the judiciary and sanctioning the creation of 292 additional law chambers and 30 official bungalows for the High Court Judges and computerising the High Court records.
Madras High Court Judge, Justice V S Sirpurkar proposed a vote of thanks.
Tamil Nadu gets a pat from Justice Anand
CHENNAI: Chief Justice of India, Justice AS Anand today lauded the Tamil Nadu Government for readily responding to the infrastructural requirements of the courts and noted that if other States followed the Tamil Nadu example his task would become a ``little lighter''. He recalled that when he was the Chief Justice in Chennai a couple of years ago, he had all the vacant posts of judges in all the courts in the State filled up and several new courts were created.To drive home Chief Minister M Karunanidhi's responsiveness to the needs of the judiciary, he recalled that his recommendation as Chief Justiceof Madras HC to the then Karunanidhi government for appointment of two judges was cleared in two to three days' time.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.