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Law Minister criticises Judicial Activism while urging to treat Governance exclusively.
On the occasion of Independence Day celebration at the Supreme Court lawns, that witnessed the presence of Chief Justice Dipak Misra, AG K K Venugopal and SCBA office bearers, there was a clear criticism put forth on the issue of Judicial Activism that basically pertained to courts interfering in policy matters. Governance, as said by Law Minister Ravi Shankar Prasad, is an exclusive subject and hence must be left to those elected to govern. This should not be periled by interference from courts. Law making has been, since the inception of the Constitution, an exclusive power of the Parliament. Therefore this power must be left to it and along with that comes the duty of the judges to respect the Constitutional principle of separation of powers.
This issue stems out from the very fact that judicial Activism has been an arena of conflict between the executive and judiciary of late. In fact, the Government had criticised the Supreme Court for quashing the NJAC Act and imposing an indie interference with the administration of the BCCI. Tracing the roots, the Law Minister explained that governance is a subject that must be left to the people of the country chosen to govern Since Accountability and Governance goes hand in hand , it is an obligation on the part of the 13 benches of SC to maintain a healthy balance and separation between the organs of the government. The executive must be prepared to be criticised by the courts in cases of overstepping or failing to function effectively. Further, he added, “Governance and policy must be left to those who are entrusted with the task”.
