Updated: November 25, 2020 4:28:48 pm
Vice President Venkaiah Naidu
Underlining that none of the three organs of the state can claim to be supreme as only the Constitution is paramount, Vice President M Venkaiah Naidu said on Wednesday that some court verdicts gave a clear impression of the overreach of the judiciary. He said that the legislature, the executive, and the judiciary are required to work within their respective domains, as defined in the Constitution.
Addressing the 80th All-India Board Conference on “Harmonious Coordination Between Legislature, Executive and Judiciary: Key to Vibrant Democracy,” Naidu said the harmony lies in each body doing its job without interfere with that of others. This ensures a spirit of mutual respect, responsibility, and restraint. Unfortunately, there have been several cases of border crossing, he said.
Naidu said there have been quite a few court pronouncements that gave a clear impression of overreach.
“Since independence, the Supreme Court and superior courts have issued several far-reaching verdicts in promoting socioeconomic goals, in addition to conducting correctional interventions. But at times, concerns have been raised about whether they were entering the realms of the legislative and executive branches.
“There have been debates about whether some issues should have been left more legitimately to the other organs of government,” said the vice president.
The higher judiciary that decides on Diwali fireworks, denies the executive any role in appointing judges through colleges, invalidates the National Judicial Appointments Commission Law that seeks to enforce accountability and transparency, were some of the cases cited by Naidu.
“At times, the legislature has also tended to cross the line. Amendment 39 to the Constitution that places the election of president, vice president and prime minister beyond the scope of judicial scrutiny in the circumstances of 1975 is one of those cases, ”he said.
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