Andhra Pradesh High Court judge Justice DVSS Somayajulu speaking at a guest lecture organized by the Center for Policy Studies in Visakhapatnam on Saturday. , Photo Credit: Special Arrangement
It is neither the judiciary nor the legislature, but the Constitution that is supreme in India, said Andhra Pradesh High Court judge Justice DVSS Somayajulu.
Speaking on ‘Judiciary in Retrospect and Prospect’ at a meeting jointly organized by the Center for Policy Studies and Visakhapatnam Public Library, Justice Somayajulu traced the growth and role played by the Supreme Court during the last seven decades.
He referred to important judgments in the early days of the apex court and how the concepts of fundamental rights and judicial review were treated in the earlier period and later.
Starting with AK Gopalan’s case, Justice Somayajulu traced the development of law through judicial interpretation leading up to the famous case of Kesavananda Bharati, which laid down the basic structure doctrine.
She said that far-sighted interpretations led to the development of legislation in areas such as women’s rights and protection of women from sexual harassment. He said that due to the need for a solution and the need to solve a problem, the Supreme Court laid down guidelines for the safety of women in the Vishaka case. This was not judicial activism, but judicial action to solve an existing problem that needed immediate resolution.
He said that when there is executive or legislative inaction, the courts come forward to provide solutions and resolve the issue immediately. He also mentioned about the growth of Human Rights Jurisprudence, Public Interest Litigation and its benefits.
He added that even a letter or a post card was treated as a petition, and access to justice was now available to the poorest of the poor.
He referred to cases where compensation was paid for illegal police actions. He also mentioned the incredible impact of public interest litigation in protecting our environment and the principles of polluter pays and public trust principles.
He concluded by saying that despite the criticisms, the judiciary was highly respected and the common man’s faith in the system had still not wavered. This was evident from the increasing number of cases in the courts.
Yes. Madhukumar, Secretary LB College from where Justice Somayajulu graduated, mentioned how Justice Somayajulu inherited four generations of judicial skills from his forefathers. R Venkata Rao, former Vice-Chancellor of the National Law School of India University and a teacher of Justice Somayajulu, also spoke.
Former Rector of Andhra University A. Prasanna Kumar presided over the meeting. DS Verma welcomed the guests.