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Union Law Minister Ravi Shankar Prasad and Chief Justice of India (CJI) Dipak Misra crossed swords over judicial overreach and ‘repeated crossing over of the constitutional boundaries by the courts’ at the Law Day function held by the Law Commission of India on Sunday.
Addressing the conference, When Prasad raised the issue of uncalled-for judicial interference under the garb of PILs, CJI Misra gave a sharp reaction to it and said, “Judiciary plays the role of constitutional catalyst by remaining within its constitutional domain and sovereignty.”
Law Minister Prasad put forward his thoughts at the event held at Vigyan Bhawan in New Delhi stating that he respects people who files PIL’s for the cause of public, but “PILs should not be allowed to be used as means for substitute of governance”.
CJI reacted sharply to Prasad’s remark and said in his speech: “We are conscious about our limits and we know where to intervene and where not to.” He referred to several PILs and various judgments of the courts to illustrate how the courts never crossed the Lakshman Rekha. “When there is a need for protection of fundamental rights of citizens, the judiciary’s paramount duty is to protect them,” Justice Misra added.
Meanwhile addressing everyone during valedictory ceremony, Prime Minister Narendra Modi urged all three organs of the state to work together within the constitutional boundaries neatly demarcated to achieve the goal for New India. “Legislature should independently make laws, executive should independently be allowed to implement and similarly, judiciary should interpret the Constitution and laws unhindered to make new India,” PM Modi added, while asking all the pillars to take a pledge to work together and fight against the existing challenges for “ease of living of people”.
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