PILs shouldn't replace governance: Ravi Shankar Prasad

Speaking on the occasion of National Law Day, Union Law Minister Ravi Shankar Prasad said on Sunday that PILs should not override governance.

"Governance must remain in the realm of those elected to govern and are accountable to the people of India," he said. "The Supreme Court decision on separation of powers in the Keshavananda Bharathi case is equally applicable to the Supreme Court, too," he added.

He said, the common man's trust is vindicated by the Constitution, suggesting that even the most inconsequential man has the power to dethrone governments.

Prasad said that latent accountability of the judiciary lay in its independence, probity and propriety. Touching upon the sensitive National Judicial Appointments Commission (NJAC) judgment given by the Supreme Court, he said he was saddened by the decision and that, "The makers of the Constitution did not desire that the law minister must remain a post office in the appointment of judges."

To this, Chief Justice of India Dipak Misra said, "We never intended so. We gave him absolute Constitutional respect."

Attorney General of India K K Venugopal said it was time to examine "if Public Interest Litigations (PILs) have achieved the objective for which they were devised."

Before pronouncing its decision in PIL matters, the top court must consider and take into account inputs from the government on the financial implications and execution of its directive, he said.

President Ram Nath Kovind also pointed to the need to maintain the balance between the judiciary, legislature, and executive. "It is critical to keep this intricate and delicate balance in mind when exploring the relationship between the three branches of the state. They are all equal. They should all be conscious of their liberty and strive to protect their autonomy. And yet, they should be careful not to disturb the fraternity of the separation of powers by even unknowingly intruding into the domain of either of the two other branches", he said.

Former Chief Justice of India RC Lahoti reminded the judges that when they try a case, they must not forget that they themselves are on trial.

"The primary task of a judge is to interpret the Constitution," he said. A judge may embark upon the law, but "the judiciary must ever assume the role of a super legislature or super executive," which, "in turn could be indulging in misadventures", he said.