Thursday, July 19, 2007

Judicial Idealism And Practicality

Recently, the second Dr. Syamaprasad Mookerjee Special Lectureship endowed by his younger daughter, Mrs. Arati Bhattacharya, was delivered by Mr. Soli Jahangir Sorabjee, former Attorney General of India, at the Auditorium, Centre for Social Sciences and Humanities, Calcutta University Shahid Khudiram Bose Shikshangan, Alipur.

The topic for the session was 'Judicial Activism-Boon Or Bane'. Mr. Sorabjee elucidated the vital legal role of judicial activism and how far the judiciary has a say in human rights, liberty, equality, justice and fraternity. He stressesd on hearing before condemnation, transparency and openness in governance, minimisation of arbitrariness, and rationality as cornerstones of judicial activism for sound administration. He reproached the practice of violation of human rights due to non-implementation of laws, at the same time, making the point that Public Interest Litigation (PIL) is not a pill for all ills. Criticising the practice of treating PIL as private, political or publicity interest litigation, he advised the judiciary not to confuse judicial activism with judicial adventure or judicial authoritarianism. The entire revelation was simplified by constant references to court cases. He concluded by asserting that fundamental rights are ornamental declarations and teasing allusions without judicial activism.

The previous year's lecture by the distinguished scientist, Mr. A.P. Mitra was formally released by Mr. Sorabjee.

Among the other dignitaries gracing the occasion were Prof. Bhaskar Chakraborty, Prof. Asis Kumar Banerjee, Sri Chittatosh Mookerjee and Prof. Suranjan Das.

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