CJI says no compromise on fundamental rights

Chief Justice of Inda Dipak Misra rebutted law minister Ravi Shankar Prasad who said probity in judiciary was important.

Chief Justice of India Dipak Misra on Sunday refuted the allegation that the judiciary was encroaching upon the legislature or the executive and said there can be no compromise in the enforcement of a citizen’s fundamental rights.

The CJI, while speaking on the Law Day celebrations organised by the Supreme Court at Vigyan Bhavan, denied Union law minister Ravi Shankar Prasad’s remarks that probity and propriety in the judiciary is as important as judicial independence.

Earlier the law minister said the fine balance between the judiciary, executive and legislature should be maintained to avoid any strain. He said law making must be left to the realm of those elected to make the law. “The founding fathers clearly meant that governance must remain in the realm of those elected to govern by the people of India and accountable to the people of India,” he said.

This was for the second day that the government had criticised the judiciary for its overreach.

On Saturday finance minister Arun Jaitley wanted the judiciary to maintain a delicate balance without encroaching into the policy domain of the executive. On Sunday Mr Prasad reiterated the same charge.

Chief Justice of India Dipak Misra on Sunday refuted the allegation that the judiciary was encroaching upon the legislature or the executive and said there can be no compromise in the enforcement of the fundamental rights.

The CJI said every citizen, irrespective of their background and status, must follow and practice constitutional religion to strengthen rule of law and democracy. “One single religion that everyone must follow is constitutional religion,” he said.

On the Union law minister’s remark that “PILs cannot become a substitute for governance”, the CJI said the apex court believed in and practised “constitutional sovereignty”.