Judiciary should help society to move into a modern age: Markandey Katju

[Prakat]

The judiciary should help society move forward into the modern age through its interpretation of the Constitution, Justice Markandey Katju, Judge of the Supreme Court, observed here on Saturday. Delivering a lecture on Constitutional culture at the Tamil Nadu Ambedkar Law University , he said modern industrialised society was basically unstable and extremely dynamic. Values are changing rapidly. Hence, a written Constitution like ours also requires some pro-active interpretation. Unlike western nations, India had imported its constitutional features without undergoing any pain. We are trying to transplant modern features like equality, freedom of speech and freedom of religion on a society which is still backward and semi-feudal. Now it is a transitional period. For at least another 20 years, India might have to go through the pain involved in the transition from a feudal land to a modern nation. For this, the law should be interpreted in accordance with the times and the need of the hour. He explained that even his judgment on 'honour killings' was against a feudal system. We should try to combat archaic systems and feudal interests which try to perpetuate caste, religion, etc and defend modern ideas through proper judicial interpretation, he added. Speaking on judicial activism and judicial over-reach, he said normally judges should not try to legislate. They should not encroach upon the domains of the legislature or the executive and upset the delicate balance. But, there are exceptional situations when a pro-active approach becomes necessary. We (judiciary) have made some mistakes.We should also introspect? At the same time, he said, there was nothing wrong if judiciary were to legislate when the legislature remained paralysed and executive refused to step in. He cited honour killings and encounter killings as examples in this regard. Referring to his own verdict on three million sexual workers, he said most of them were in this because of poverty. Hence, if they were to be imparted some technical skill, they could lead a normal life. Judicial approach could be modern and informative. Even the right to privacy came into existence in Ireland because of judicial interpretation, he pointed out. Justice Katju said Indian constitution was a great binding force and its secularism was the feature that was holding together a country of tremendous diversity. He commended the founding fathers of the Constitution for keeping a cool head and making it a Secular State. That was why India had achieved relatively more progress and stability than many other countries which embraced theocracy. He appealed to the judiciary, which he called the most independent in the world, to uphold the Constitution in its true spirit. SOURCE