New Delhi: Dismissing the perception of judicial activism, Chief Justice of India Dipak Misra today said that protection of fundamental rights of citizens is the “sacrosanct duty of the judiciary” and it is obliged to stand with citizens if government entities “encroach” upon their fundamental rights.
Justice Misra said: “The citizens have been guaranteed fundamental rights and the governing entities are not expected to encroach upon it. The moment they encroach upon it or there is an apprehension that there is an encroachment, the judiciary is obliged to stand by them.”
Chief Justice Misra defended the court taking a pro-active position on the fundamental rights of citizens and expanding their scope.
“There is a perception that there is a judicial activism… I must clarify protection of fundamental rights of each and every citizen is the sacrosanct duty of the judiciary which has been conferred on by the Constitution. Fundamental rights have been expended from the date the Constitution came into existence,” he said.