Sunday, February 6, 2011

Manmohan for caution in exercise of judicial review

Hyderabad, February 6, 2011

Prime Minister Manmohan Singh has cautioned against the use of the power of judicial review to erode the legitimate role assigned to other branches of the government.



"Power of judicial review must be used to enforce accountability, but it must be never used to erode the legitimate role assigned to other branches of the government. This is vitally necessary to preserve the integrity and sanctity of the constitutional scheme premised on the diffusion of sovereign power," he said.



Dr. Singh made these remarks at the inaugural of the 17{+t}{+h} Commonwealth Law Conference with the theme 'Emerging Economies and the Rule of Law: Challenges an Opportunities\' that got underway here on Sunday. He stressed the need for the legal order to constantly adapt in the fast changing world as it was the only way with which it could retain its relevance.



The judicial process had a dynamic role to play, both as guarantor of justice to litigants and the upholder of the constitutional conscience. Effort should be made to ensure that the non-negotiable premise of the constitutional scheme was not subordinated to political impulses of the moment or the will of transient majorities.



The Prime Minister said developing countries needed a legal system that was conducive to rapid economic development and one that had built-in mechanism to promote equitable distribution of gains. "A sound legal system based on the rule of law and effective and speedy contract enforcement is a major determinant of a favourable macro economic development. Meaningful solutions to the problem of mass poverty can be found only in the framework of a rapidly expanding economy," he said.



Stressing the need for a purposive alignment of domestic policies and laws with international norms, he said this was necessary to address common challenges like international terrorism, malnutrition, poverty and protection of human rights. "Indeed, the rule of law can no longer be divorced from global policy languages," he said.



He asserted that the Indian experience of ensuring unity of its people amidst diversity could be of use to many other countries that faced the challenge of establishing a national identity, despite the cultural and religious diversities in their societies. "This can be done by repudiating extreme positions, by giving enhanced choices and making use of the capacity of democracy to accommodate diversity and differences," he said.



Union Law Minister M. Veerappa Moily recalled the steps launched for fast track disposal of cases by launching a national mission for speedy delivery and establishment of gram nyayalayas (village courts). Efforts were under way to put in place a legal education system to ensure that Indian lawyers became global and make India a preferred destination for arbitration.



Chief Justice of India S.H. Kapadia expressed concern that while the industry and services sectors grew at 12 per cent a year, agriculture remained stagnant at 4 per cent. This was resulting in scarcity of food and commodities and inflation. The former Attorney General Soli J. Sorabjee welcomed the gathering while Andhra Pradesh High Court Chief Justice Nisar Ahmed Kakru and others spoke.




News From: http://www.7StarNews.com

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