Vice President Venkaiah Naidu, calling the recent ban on firecrackers an example of judicial overreach, set the tone for the 80th All India Conference of Presidents on Wednesday that will discuss “harmonious coordination between legislature, executive and judiciary.” Naidu reminded the conference that the Constitution has “demarcated clear domains for each of these three bodies along the line of separation of powers” and said that “harmony lies in each body doing its job without interfering with that of the others.” .
Indian President Ram Nath Kovind opened the two-day session, which marked his first physical participation in a public event in more than eight months, here in Gujarat. Chaired by Lok Sabha Chairman Om Birla, the event will feature a series of working sessions before the Prime Minister of India addresses it on Thursday.
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Naidu acknowledged that the Supreme Court and higher courts have issued several “far-reaching verdicts in promoting socioeconomic goals” in addition to their correctional interventions. “But from time to time, concerns have been raised about whether they were entering the realms of the legislative and executive branches,” he said.
“There have been debates about whether some issues should have been left more legitimately to other government bodies. For example, Deepavali fireworks; cessation of registration and movement of vehicles from the National Capital Region to Delhi; prohibit the use of vehicles of certain brands after 10 or 15 years; monitor police investigations; denying the executive any role in the appointment of judges by instituting a collegiate that is said to be an extra-constitutional body; invalidating the Law of the National Commission of Judicial Responsibility that seeks to ensure transparency and accountability, they are being cited as instances of judicial scope, ”he said, implying that the legislature should have had space to act on these issues.
The National Green Court, the environmental arm of the Supreme Court, imposed a total ban on firecrackers in Delhi, its surrounding areas and cities with poor air quality. However, the court allowed the sale and use of green cookies.
Naidu argued that to be in its best state, India should have the three organs of the ‘State’ functioning “to the maximum of their potential in the area specified for each of them, in fulfillment of the mandate defined in the Constitution.
Naidu also undoubtedly spoke about legislative and executive excesses, such as the rules of subordinate legislation that violate the provisions of the original legislation and how it is the violation of the rights and freedoms of people by the executive. sometimes “too conspicuous for comfort”.
He also mentioned the 39th amendment to the Constitution that places the election of president, vice president and prime minister beyond the scope of judicial scrutiny as legislative on activism.
A harmonious relationship between the three wings of the Indian state “guarantees a spirit of mutual respect, responsibility and restraint. Unfortunately, there have been several cases of border crossing, ”Naidu added.
Leading advocate Raj Panjwani told HT: “The legislature has every room to correct all mistakes or actions that are harmful to society. The role of the judiciary is limited to proving the legality and competence of legislative and executive actions. The problem begins when the legislature does not correct the errors that are a threat to society in general and also to the fundamental rights of people. It is in this scenario, because both the legislative and executive branches did not take the appropriate and appropriate measures, particularly in matters related to the environment, the Constitution empowers the judiciary to intervene and fill the void caused by this inaction ” .
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