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Some judicial observations gave the impression of overreach: VP Naidu | India News


KEVADIA: Citing court verdicts on firecrackers and denying the executive a role in appointing judges, Vice President M Venkaiah Naidu said on Wednesday that some rulings gave a clear impression of the overreach of the judiciary.
He stressed that the legislative, executive and judicial branches 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 that harmony lies in each body doing its job, without interfering with that of others.
This ensures a spirit of mutual respect, responsibility, and moderation. 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 higher courts have rendered several far-reaching verdicts in promoting socioeconomic goals, in addition to conducting correctional interventions. But on occasion, concerns have been raised about whether they were entering the realms of the legislature and executive wings.
“There have been debates about whether some issues should have been left more legitimately to other government bodies,” he said.
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 of judicial overreach cited by the vice president.
“There have been quite a few judicial pronouncements that gave a clear impression of overreach. These actions have resulted in an avoidable blurring of the contours demarcated by the Constitution,” Naidu said.
“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 1975 circumstances is one such case,” said.
Speaking about the executive, the vice president said that there have been cases where the rules framed under the delegated “subordinate legislation” violated the provisions of the original legislation passed by Parliament.
“Violations of the rights and freedoms of citizens by the executive are sometimes too visible to be reassured,” he said.
Expressing concern about the frequent interruptions in legislatures, Naidu said that the “decency, dignity and decorum” of the temples of democracy will be maintained only by adhering to three “Ds”: debate, discuss and decide.

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