NEW DELHI: Judges are only interpreters and are not here to make the law or to evolve a policy and a balance has to be maintained between judicial activism and restraint, said Delhi High Court Chief Justice DN Patel on Friday.
Justice Patel, will demit his incumbent office after attaining the superannuation age of 62 years on March 12. Speaking at the farewell organised by the high court, he said, “If there is any gap (between justice and law), a judge has to fill up the gap and that is known as judicial activism. That is inevitable. But as a matter of exception and not as a matter of role.
We are not here, this is what I believe personally, to make the law, nor to evolve a policy brand new but we are the only interpreter of the law. But as an exception, as I have said, whenever there is a gap between law and justice, there is bound to be judicial activism.”
“It is for Parliament (to enact laws) and in the absence of law, for the executive to draft the policy. One has to maintain the balance between judicial activism and judicial restraint,” said the judge. “And if there is any gap (between justice and law), a judge has to fill up the gap and that is known as judicial activism. That is inevitable. But as a matter of exception and not as a matter of role.
We are not here, this is what I believe personally, to make the law, nor to evolve a policy brand new but we are the only interpreter of the law. But as an exception, as I have said, whenever there is a gap between law and justice, there is bound to be judicial activism,” the Chief Justice added.
The judge said the primary task of judges is to render justice through judicial orders. “Both the members of the Bar and the Bench owe a responsibility to the citizens and that each one of us is bound by mandate of the Constitution to dispense justice to the last man.”