Too much of judicial interference is bad for both judiciary and executive, as the judges' role is similar to that of a cricket umpire and not that of a batsman, Supreme Court Justice (retd.) B.N. Srikrishna observed.
"The judges' role is like a cricket umpire. The umpire can see that players are playing the game by the rules, but he cannot snatch a bat to hit a six if the batsman is not doing so," he said on Tuesday, while participating in a session on "Parliament and Judiciary" at PRS Annual Conference on Effective Legislatures.
Speaking on judicial activism, Srikrishna said judges resort to Article 21 (that guarantees right to life and liberty) for interfering in any matter and use Article 142 of the Constitution as an "independent power".
Article 142 says the Supreme Court in the exercise of its jurisdiction may pass such decree or make such order "as is necessary for doing complete justice" in any cause or matter pending before it.
Speaking of Parliament, Srikrishna said that it has lost its legitimacy and moral authority today, and the space it has ceded "has been occupied by judiciary".
However, he warned that too much of judicial interference may weaken both executive and judiciary.
"Country runs because citizens vote. Judges cannot run country. Too much exercise of power weakens both executive and judiciary," he said.
He urged the people to elect worthy and able people as their representatives in Parliament who can fulfil their aspirations instead of approaching courts for getting the executive's work done.
"Citizens should elect better representatives instead of expecting the judiciary to resolve all problems," he said.
Justice Srikrishna, as a Judge of the Bombay High Court in the early 1990s, headed the Commission of Inquiry which investigated causes and apportioned blame for the post-Babri demolition and Mumbai riots of 1992-93.