Judiciary should examine trends in democracy: Kerala CJ

Sunday, August 28, 2011: The members of Indian judiciary have a “great role” to play in the society by closely examining the developments in the democratic process, Kerala High Court Chief Justice Justi Chelameswar has said.
“The judiciary has been passing through an evolutionary process and this was closely linked to the changing social realities,” he said yesterday while delivering the valedictory speech of the year-long Justice K K Mathew Commemorative lecture series, organised by Kottayam Bar Association as part of the centenary of the District and Sessions Court here. 
 
The introduction of a new generation of judges into judiciary had opened new vistas, he said. During 1980’s, when executive became increasingly weaker, judiciary had taken a more active role and engaged in a close monitoring of the members of the executive, he said.
On the other hand, the democratic process had been passing through its evolutionary course and those who were reluctant to listen to the judiciary were now willing to discuss issues when pressed by one individual or a few who could gather popular support, he said. Late Justice K K Mathew, a former member of Kottayam Bar Association and former judge of Supreme Court, was not affected by any external forces during his career, he said.
The dissenting judgements by Justice Mathew showed his liberality of the constitutional thought process, he said.Dissenting judgements indicated not only independence of the judge but also of the legal process and institution, and today dissenting notes were becoming fewer, he added. The Chief Justice also unveiled a portrait of Justice Mathew.

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