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Judiciary overreach: Gadkari counters CJI's assertion, says extent of intervention allowed is debatable

Full out war brewing between executive and judiciary?

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 Union Road Transport and Highways Minister Nitin Gadkari on Tuesday sparked a debate over the legitimacy of the judiciary intervening in the government matters, saying proceeding as per the Constitution will be good for both the country and the people.

Gadkari said there is a fair chance of failure in every field but to what extent a field can be allowed to intervene with the other is still debatable. "If the executive fails, just like if our government fails in the legislative wing then the people have a right to change us. But as far as executive wing, judiciary and media are concerned, their rights and duties have been clearly mentioned in the Constitution," he told the media.

Gadkari, who was commenting on Chief Justice of India TS Thakur's assertion that the judiciary intervenes only when executive fails in its constitutional duties, said he respects him but added that the latter should hold a meeting and discuss the same with everyone. "And if we proceed as per the Constitution then it will be beneficiary for the country as well as for us,"he added.

The Chief Justice of India yesterday said the judiciary is not interested in interfering in the works of others, adding the fact is that 85 percent of the citizens step to the doors of the courts only when they are disappointed by the governments. "We only fulfill our positional duties as laid down by the Constitution. If the governments do their job better, any need of interference would not arise. The government should do their job instead of hurling the accusations and the people turn to the courts only after they are let down by the executive," he added.

The CJI also expressed strong objections on Union Finance Minister Arun Jaitley's comments on courts interfering in governments and indulging in judicial activism. 

 

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