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The Separation of Powers is and important guiding principle in the Constitution of India. It is the basic structure in the Indian Law. It is necessary that the powers must interact in a balanced way. The Law Minister, Ravi Shankar Prasad on the occasion of Independence Day made several statements on the fact that the government should be responsible for the policy making tasks and not the judiciary. The Judiciary must step in only when the executive fails to perform its functions properly. He said that the governance should be left to the government and since they are accountable, the Judges should respect the theory of Separation of Powers. Only the Law-making should be left to the Parliament. He highlighted the fact that there have been differences in the executive and judiciary due to the criticism of Judicial activism. Further, the government has also blamed the Supreme Court for interfering with the administration of BCCi and also for repealing the NJAC Act.
While hearing the Public Interest Litigation relating to providing of shelter to Urban Homeless in the country, justice Madan B Lokur said that if the governance is not for the courts, the courts cannot do anything in the absence of governance. Several states were pointed out as defaulting ones, for not providing shelter to urban homeless and for not even forming committees for the implementation.
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