2009/04/20

Judicial activism fired by middle class ideology

The New Indian Express

“The judges have imbibed middle class ideology hook line and sinker. So in instances of judicial activism, the decisions get weighted in favour of the middle class,” Prabhat Patnaik said, after releasing the Citizen’s Report on Governance and Development 2008-’09 brought out by the National Social Watch Coalition here on Sunday.

THIRUVANANTHAPURAM: Planning Board vice-chairman Prabhat Patnaik, though he has high regard for the ‘’sensitive nature’’ of judges, said that judicial activism was fired by middle class ideology and was, therefore, inadequate to address the concerns of the disadvantaged in the country.

‘’The judges have imbibed middle class ideology hook line and sinker. So in instances of judicial activism, the decisions get weighted in favour of the middle class,’’ Patnaik said, after releasing the Citizen’s Report on Governance and Development 2008-’09 brought out by the National Social Watch Coalition here on Sunday.

Patnaik said such activism on the part of the judiciary undermined the institutional foundations of democracy. He said there was a line of thinking that wanted the judiciary to limit itself to an advisory role, or act as a mere corrective force.

‘’The judiciary should review the laws made by the legislature and, if found unsatisfactory, could send it back to the House with necessary suggestions. But what happens in our country is that judicial pronouncements become the law,’’ Patnaik said.

He said the undermining of the role of the people deepened the conflict that underlies the problems of governance in the country.

If the judiciary unwittingly turned its back on the concerns of the poor, the executive had purposefully denigrated the role of Parliament.

All the Parliamentary standing committee reports were given the short shrift, he said. As examples, he held up the reports of the committees headed by Inder Kumar Gujral and Ashok Mitra. ‘’Both were highly critical of the TRIPS Agreement. Both felt that it was not in the country’s best interests.

They also advised against amending the Patents Act of 1970 to make it TRIPS-compatible. But both were ignored and the executive went straight ahead and signed the treaty and presented Parliament with a fait accompli,’’ Patnaik said.

The economist said the MPs were far more sensitive to the issues of agrarian distress and unemployment than the executive.

‘’They go to the people at least to seek votes,’’ he said.

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