Disturbed by the growing tendency of the judiciary to encroach on the domain of lawmakers, Manmohan Singh asked the courts to stick to their primary commitment.
NEW DELHI: Disturbed by the growing tendency of the judiciary to encroach on the domain of lawmakers, Prime Minister Manmohan Singh asked the courts to stick to their primary commitment.
Addressing the annual conference of chief justices and chief ministers on Sunday, Singh said the judiciary enjoys enormous powers and its main obligation is to enforce the rule of law and uphold the Constitution.
“The dividing line between judicial activism and judicial overreach is a thin one,” he said. “A takeover of the functions of another organ may, at times, become a case of overreach.”
Though the Prime Minister did not specify the immediate provocation for his ‘mind-your-business’ speech, certain judgments passed by the Supreme Court and some high courts have not gone down well with the legislature. Parliament and the central government have been openly airing their disgust at certain directions issued by the courts on the plea that they will benefit people.
Singh said the judiciary cannot substitute its power of mandamus to usurp the functions of the legislature or the executive. “Unless the three wings understand each other better, they will not be able to function effectively in the interests of our nation,” he said.
Pointing out that the independence of the judiciary is essential for the rule of law Chief Justice of India KG Balakrishnan said judges should ensure that each branch operates within the boundaries of the law and judicial review.
Law Minister HR Bhardwaj targeted judicial corruption. Though the judiciary has maintained high standards of efficiency and integrity, he said, there have been occasions when aspersions were cast on some judges. “To gain the confidence of litigants, there has to be a belief that judgments are rendered without extraneous considerations,” the minister said.
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