Differences between judiciary and the Government have refused to die down as both the Chief Justice of India (CJI) and the Union law Minister pointed out to each other on Saturday to respect the “lakshman rekha”. Speaking at a function in the Supreme Court to mark the Constitution Day, CJI TS Thakur said the courts should ensure no organs of the Government cross the “lakshman rekha” to which law Minister Ravi Shankar Prasad sharply responded saying “legislation must remain with legislature, and each organ must remember its domain”.
The CJI said, the Constitution Day is celebrated as “It has granted us sovereignty, democracy, independent judiciary to protect rights of people”. Justice Thakur added the judiciary has been given the duty to watch that all remain within their limits, and the court has every right to set aside any law made by Parliament, if it is against the Constitution or beyond the limits granted by the statute book.
“The Constitution tells us that what would be the works to be done by the Government. It has fixed the duties and responsibilities for judiciary, executive and legislature. It has fixed their limits and lakshman Rekha. The judiciary has been given the duty to keep a watch that nobody crosses that limit.
If Parliament has the power to make the laws, it should make only in the limits granted under the Constitution. If the State has the right to make laws, it should make only in the limits granted under the Constitution. If they are making a law which is out of the limits granted under the Constitution or against the fundamental rights, the judiciary has every right to say that it was wrong. Any order, which is against the Constitution, judiciary can set it aside to maintain the rule of law,” said Justice Thakur.
The CJI also mentioned about shortage of judges in the High Courts and Tribunals saying there are around 500 judges’ posts lying vacant in High Courts. He added there was a lack of infrastructure being provided to tribunals, due to which several of them are empty. “The Government is not ready to give proper facilities. Vacancy apart from infrastructure is a major concern for tribunals. Tribunals are not equipped and are lying empty. Today a situation has come that when no retired Supreme Court judge wants to head a tribunal,” said Justice Thakur at another event.
However, Prasad disagreed with the CJI saying nearly 120 judges have been appointed this year. “We respectfully disagree with him (Chief Justice). We have made 120 appointments this year. Since 1990 there have only been 80 appointments. 5,000 vacancies are there in lower judiciaries in which the Government of India has no role to play. That is something for only to judiciary to take. As far as infrastructure is concerned, that is a continuous process,” Prasad said. He added that it was not possible to provide every retired judge with an accommodation at par with present judges.
Prasad took on the CJI by saying that courts should pass directives but governance must remain with those elected to govern. Recalling the Emergency days, Prasad said: “let’s not forget during Emergency while High Courts showed courage, the Supreme Court failed us, a monumental failure.”
In response to Justice Thakur’s lakshman Rekha remarks, Attorney General Mukul Rohatgi, while speaking on the Constitution Day occasion, stressed on the need for introspection by the judiciary. “Everyone must remain within the lakshman Rekha. The framers (of the Constitution) did not want a situation where someone acts above another. If we follow a path where the three spheres are in equilibrium, we will bring back equilibrium. Self-control and self-restraint is as much important as the power to police. Greater the power the greater the need for introspection,” said Rohatgi. He added that “the delicate balance of the Constitution was disturbed in 70s. That balance must be restored.”
To this the CJI-designate Justice JS Khehar pointed out: “Judiciary has always kept to lakshman Rekha by upholding Constitution.”