Increasingly again, we hear polemic from govt, says Justice Vikramajit Sen

Supreme Court

Asserting that the judiciary was not overreaching itself nor acting as an “activist”, Justice Vikramajit Sen, a judge of the Supreme Court, Tuesday said it was actually the government that was failing in its duties. His remarks were made in the context of the need to protect environment.

“Increasingly again, we hear polemic from the government, even from people in the bureaucracy, that we (the judiciary) are going into areas which is not expected of the judiciary (to get into). What does the judiciary do? A and B have a dispute. We decide. That’s all. But what about the constitutional vision? Are we supposed to look the other way when we see (environmental) degradation on such a large scale, or is it our duty (to act) as members of the higher judiciary?” Justice Sen said while delivering a talk at a function organised by the Jindal Global Law School.

“I have not been able to see myself as an activist when we (the courts) render any decision for the protection of the environment,” he said.

Sen said the courts have been criticised very often for over-extending their briefs, but issues like environment protection did require greater attention of the judiciary.

“This is without exception. Governments, one after the other, think that we (courts) are encroaching on their territory, when the reality is that they are doing very little to protect environment… Any judge who is mindful of his calling will put environment on a greater priority,” he said.

Justice Swatanter Kumar, chairperson of the National Green Tribunal, said it is possible that the courts might have done “certain things at some time” that appeared beyond the traditional domain of the judiciary but one needed to appreciate the context in which it was done.

“I am not saying that the judiciary is the panacea for all human problems in this country. Certainly not. We might have been doing certain things at some time which probably appear to go beyond the apparent area covered by the judiciary. But the ultimate goal (of these transgressions) also needs to be seen,” he said.

Kumar said the Supreme Court and the High Courts faced extreme pressures of work. “Still they find time to give priority to environment, to human needs, to fundamental rights. And they give extraordinary reliefs. But still they receive criticism. Unfortunately. And they are quite used to getting that,” he said.

Kumar said it was important to see that the courts were not against development, and they cannot be. “Development is essential. Who can dispute that? (But) you cannot today talk about development by causing irreparable loss to the nature or to the climate or to environment. You have to be sure that you will be able to remedy the damage. It is not necessary to restrain development or to prohibit development,” he said.

Source:: Indian Express