Supreme Court judge Justice Ujjal Bhuyan on Sunday firmly rejected the criticism that unelected judges should refrain from interfering in the law-making process, asserting that such a view has no legal or constitutional foundation.
Speaking at a farewell event for former Supreme Court judge Justice Abhay S Oka, organised by the Bar Council of Maharashtra and Goa, Justice Bhuyan said that the Constitution explicitly empowers the Supreme Court to examine the validity of laws enacted by Parliament and to strike them down if they fail to meet constitutional standards.
“According to me, the criticism that unelected judges of constitutional courts should not interfere in the law-making by the elected representatives of the people has no legal or constitutional basis. This is because the Constitution has mandated the Supreme Court the power to examine whether law made by the parliament conforms to the constitutional requirement and if not, to strike down such law by exercising the power of judicial review,” Justice Bhuyan stated.
His comments come amid recurring debates over judicial intervention in legislative matters, particularly following the Supreme Court’s 2015 verdict striking down the 99th Constitutional Amendment and the National Judicial Appointments Commission (NJAC) Act.
Justice Bhuyan referenced former Union Law Minister Arun Jaitley’s criticism of that decision, in which Jaitley had argued that elected Members of Parliament represent the will of the people and are answerable to them, unlike judges. However, Justice Bhuyan maintained that the decision in the NJAC case was a legitimate exercise of the Court’s constitutionally enshrined power of judicial review.
Underscoring the essential role of a strong and independent judiciary in a constitutional democracy, Justice Bhuyan said:
“Throughout history, we have had courageous and independent judges, and we will continue to have them. That’s how our Constitution survives, that’s how our jurisprudence survives, and that’s how democracy survives.”
