No judicial activism, judiciary discharging its duty: Justice Kurian

Last Updated: Wed, Mar 06, 2013 13:29 hrs

Shimla: "There is nothing as judicial activism and the judiciary is just discharging its duty to make the organs of governments function properly and perform their duty", Himachal Pradesh High Court Chief Justice Kurian Joseph today said.

Justice Joseph, who has been elevated to the Supreme Court and would join on Friday, favoured a pro-active role of the judiciary and said "unfortunately when other pillars of the constitution fail to perform their duty, the judiciary and the media have to be proactive".

However, he cautioned this pro-activism should not be indiscriminate but added that "if the executive fails to discharge its duty, we step in to make it function and the media should also play its pro active role".

Referring to a large number of cases being filed by employees and others, Justice Joseph said a "litigation culture prevails among employees and most of the cases are filed as there was a huge communication gap between different departments of the government and the judiciary has also to intervene to bridge this gap and make things move.

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