14
separation of powers and, is therefore, illegitimate.
Both of them stress upon the point that an unelected
Judge is appointed by the Executive. He does not
represent the people, rather he performs his judicial
functions, and nothing more. They added that this
unelected Judge took the role of a legislature in
deciding the policy decision illegally invoking the
power under article 102.
All judicial review— all manner of adjudication
by
courts—
is
itself
an
exercise
in
judicial
accountability—accountability to the people who are
affected
gets
by
a
evidenced
Judge’s
in
rulings.
critical
The
comments
accountability
on
judicial
decisions when a Judge behaves as he should be as a
moral custodian of the constitution. Judges perform
their
functions
—
enhance
the
sprit
of
constitutionalism. They should realize the solemnity
and importance of the functions reposed upon them by
the constitution. “The ideal judge of today, if he is
to be a constitutional mentor, must move around, in
and
outside
court,
with
the
constitution
in
his
pocket, like the priest who is never without the