SC should review legislations: CJI

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New Delhi: Dismissing Parliamentary voices accusing the judiciary of over-activism with regard to legislations, Chief Justice of India K G Balakrishnan says the basic structure of the Constitution cannot be touched.

In his first interview after the appointment as India's Chief Justice, Balakrishnan re-asserted the right of the courts to review Parliamentary legislations.

“We are aware of the Keshavanand Bharti decision. The basic structure of Constitution cannot be amended,” says Balakrishnan.

Reacting to Tamil Nadu Chief Minister M Karunanidhi and Chemical and Fertiliser Minister Ram Vilas Paswan’s suggestion that the Constitution should be further amended to prevent the Supreme Court from reviewing legislation, Balakrishnan says, “They (politicians) are not fully correct from the Constitutional perspective.”

But are there any limits to Supreme Court's right to review Parliamentary legislation or does SC have an unfettered right to enquire into the constitutionality of what Parliament does?

“Judicial review is done based on accepted principles with reference to the provisions in the Constitution. There's no limit as such, any Parliamentary legislation could be challenged but grounds for judicial review are limited,” Balakrishnan explains.

The Chief Justice, who happens to be the first Dalit to occupy the high post, refused to take a stand on the contentious issue of reservations.

“I don't want to comment. I can't say anything about reservations because these matters in some form or the other come to court,” Balakrishnan says.

Balakrishnan also spoke out against corruption in judiciary saying that most estimates are blown out of proportion.

In the past, former chief justice of India S P Bharucha had gone on record saying that 20 per cent of judges are corrupt. While a Transparency International survey has shown that 63 per cent Indians perceive that the judiciary is corrupt with 47 per cent having direct experience of bribing the judiciary.

“I don't agree that so much percent of corruption is there in judges who are sitting,” Balakrishnan says adding, “Only against handful of judges there are allegations.”

Due to such allegations on corruption, it has been widely debated that judges should compulsorily declare assets. However, Balakrishnan says, “I don't disagree but no self-respecting person would accept this. It should be persuasive but not voluntary.”

(Watch the exclusive interview on Devil's Advocate at 2030 hours IST on Sunday on CNN-IBN)