JUDICIAL activism should not become judicial terrorism, Chief Justice of India B R Gavai said on Thursday during the presidential reference hearing which raised constitutional questions on whether the court can impose timelines for Governors and the President to deal with bills passed by State Assemblies. The Chief Justice’s remark came when Solicitor General Tushar Mehta, appearing for the Centre, told a bench that elected people who have a lot of experience should never be undermined. “We never said anything about the elected people. I have always said that judicial activism should never become judicial terrorism or judicial adventurism,” the CJI told Mehta. The bench also comprised Justices Surya Kant, Vikram Nath, P S Narasimha and A S Chandurkar.

 

Mehta resumed his submissions by referring to various verdicts of the apex court on powers of the Governor as the hearing entered its third consecutive day. At the outset, the Solicitor General said he is looking forward to senior advocate Kapil Sibal’s submission on the presidential reference as he has enormous experience in public life and has also been in governance as well as a parliamentarian. “Elected people belonging to whichever political party have to nowadays respond to voters directly. People now directly ask questions from them. Unlike 20-25 years back when things were different, voters are aware and cannot be taken for a ride,” Mehta said. He said “withholding assent” by the Governor is a standalone and complete function of the constitutional functionary as provided under Article 200 of the Constitution.