‘Executive-judiciary rift not good for democracy’
Legal experts on Monday cautioned that public sparring between the judiciary and the executive could be detrimental to democracy, a day after the Chief Justice of India and the Law Minister openly disagreed over judicial powers in the presence of the prime minister.
At a function to mark the Constitution Day on Sunday, Law
Minister Ravi Shankar Prasad had wondered why the judiciary doesn’t trust him and the prime minister to appoint “fair judges,” in a reference to the National Judicial Appointments Commission judgement reviving the Supreme Court Collegium. –Dushyant Dave
In response, Chief Justice Dipak Misra had said that “there should be mutual respect and there cannot be any claim for supremacy by any of the wings”. Prime Minister Narendra Modi was present at the function in the national capital.
A day before, at another event on Saturday, Finance Minister Arun Jaitley had also said the courts cannot perform the functions of the executive and the independence of the two will have to strictly maintained.
Responding to questions on the debate, senior advocate Dushyant Dave told PTI it would be good for democracy if both judiciary and executive do not spar in public, as both have their own respective rights.
“The judiciary also needs to introspect and try not to interfere in the arena exclusively meant for the executive,” he added.
Another senior advocate Raj Panjwani termed the scenario of tussle as ‘unfortunate’ and said proper caution should be maintained by both the wings.
“This is unfortunate that basic principles of law have become a bone of contention. However, judiciary needs to refrain from stepping into the shoes of the executive. One of the modes which the executive could have resorted to is by filing appropriate application before the court instead of chest thumping in public,” Panjwani said. NEW DELHI: The Supreme Court on Monday asked Tamil Nadu and Kerala to amicably settle their dispute over a car parking project in the Mullaperiyar dam reservoir, reports PTI. A bench headed by Chief Justice Dipak Misra was informed that both the states were negotiating on the issue and their chief ministers were expected to hold a meeting in the second week of December.
Govt must realise that judiciary has a role and they can ask questions to executive. Judiciary also needs to introspect and try not to interfere in the arena exclusively meant for executive EXTORTION: SCRIBE’S REMAND EXTENDED
RAIPUR: A court in Chhattisgarh’s Raipur district today extended till December 11 the judicial custody of senior journalist Vinod Verma, arrested in connection with a case of alleged blackmailing and extortion. The court extended the judicial remand of Verma till December 11. –Agencies