“The 3 pil­lars of democ­racy must work to­gether”

Alive - - Editorial -

PM Naren­dra Modi on Novem­ber 26, 2017 stressed the need for the ju­di­ciary, Gov­ern­ment and ex­ec­u­tive to strengthen each other and work to­gether for a new In­dia. How­ever, the Chief Jus­tice of In­dia Di­pak Misra em­pha­sised that ju­di­ciary has a Con­sti­tu­tional duty to in­ter­pret and en­force a pol­icy or law and ap­ply “ju­di­cially man­age­able stan­dards” to as­sess if a pol­icy of the Gov­ern­ment be in­ter­fered with. CJI has a valid point and it is a fact that ju­di­ciary has al­ways taken care not to step into the ter­rain of the ex­ec­u­tive un­less and un­til it is ab­so­lutely the cry­ing need of the hour.

Speaking at the Law Day func­tion or­gan­ised by the Law Com­mis­sion of In­dia, both PM Naren­dra Modi and CJI Di­pak Misra did agree on one point that to main­tain bal­ance be­tween the three wings of the State, there should not be any claim to supremacy. The com­mend­able re­straint ex­er­cised by the ju­di­ciary can be gauged from one glar­ing but never high­lighted fact that the first Prime Min­is­ter of In­dia Jawa­har­lal Nehru cre­ated a sin­gle bench of high court for such a big state like UP (which has max­i­mum pop­u­la­tion, max­i­mum MPs, max­i­mum MLAs, max­i­mum Judges, max­i­mum pend­ing cases, max­i­mum crime, max­i­mum dis­tricts, max­i­mum towns, max­i­mum vil­lages more than one lakh and what not) at Luc­know which is so close to Al­la­habad just about 150 km away and that too way back on July 1, 1948 but not at any other place.

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