Judicial review enables court to uphold the power of Constitution, says expert

Sriram Panchu discusses importance of unbiased judges and judicial review at Sai University lecture in Chennai.

Judges who have no skeletons in their cupboard, who do not look for upward mobility and stand by the Constitution will give judgements fearlessly, according to Sriram Panchu, senior advocate and mediator.

At the Sai University’s S. Krishnamurti endowment lecture here on Friday, Mr. Panchu spoke on the ‘Doctrine of judicial review and Chief Justice John Marshall’. Justice Marshall was the fourth chief justice of the United States, whose judgement upheld that the American courts could strike down federal and State laws if they conflicted with the Constitution.

Mr. Panchu was addressing a gathering of students and lawyers. He said by far Indian judges had performed very well. A judge could stand steady if there were no skeletons in their cupboard; had no expectations and aspirations to upward movement, he said and walked the students through Prevention of Money Laundering Act, the UAPA and its use over the years.

Earlier, Madras High Court Judge Anand Venkatesh spoke on the importance of John Marshall and his rise as the chief justice of America.

Mr. Panchu explained that judicial review was necessary for every citizen, including a politician. To a question on whether Tamil would be made the official language of the court in the State Mr. Anand Venkatesh said he would welcome the move as it is easier for lawyers to express themselves better in their mother tongue.

Mr. Anand Venkatesh rued that judges had a new challenge to face - that of social media.

Mr. Panchu urged law students to read up about the lives of lawyers and judges and understand how judgements had been crafted. “How a judge crafts a judgement is more important than how long it is,” he pointed out.