President Ram Nath Kovind has cautioned the judiciary against disturbing the delicate balance of separation of powers by “even unknowingly intruding” into the domain of the two other branches — legislature and executive.
Speaking on the 68th Constitution Day function organised by the Supreme Court Bar Association, the President said, “It is critical to keep this intricate and delicate balance in mind when exploring the relationship between the three branches of the State — Judiciary, Legislature and Executive as they are all equal.”
Chief Justice of India (CJI) Dipak Misra, who also spoke on the occasion, maintained that there cannot be any compromise with citizens’ fundamental rights. Terming the fundamental rights to be the core value and bedrock of the Constitution, CJI Misra said, “An independent judiciary with the power of judicial review has been conferred with the power of the ultimate guardian of the Constitution to strike a balance ...To ensure that respective Governments are functioning as provided by the law within their respective domains.”
His comments were intended as a response to Law Minister Ravi Shankar Prasad who sounded critical of the judiciary’s interference in law making and policy making decisions. Speaking at the function, Prasad said that PILs should not be used as a substitute for governance as law making powers has been assigned by Constitution to those elected to govern. While independence of the judiciary was “important”, judicial accountability, probity and propriety were “equally” necessary, he added.
President Kovind reminded the gathering of judges, lawyers, and academicians that citizens must be reassured that the Constitution is in safe and mature hands. He said Constitution is not just an abstract ideal and it has to be made meaningful to the lives of ordinary people in every street, every village and every ‘mohalla’ of the country.
He spoke about that role of high courts and district courts across the country to make justice accessible to common man and stressed on the need to provide certified translated copies of judgments to the litigants in local and regional languages as quickly as possible. Even the hearings in court, if possible, have to be in a language that is understandable to the ordinary litigant, President proposed, as a measure to aid speedy disposal.
On part of the states, he urged Governments to ensure necessary prerequisites and facilities to be made available for judges of the district and subordinate courts. He was happy to learn that trial courts in Chhattisgarh and Jharkhand had set a deadline of March 31, 2018 for disposal of cases upto 10-year-old.
Former CJI RC Lahoti also gave a speech on “Constitutional Value” touching upon the supremacy of Constitution and underlining that the judiciary cannot “afford to fail”. He also had a word of caution for the judiciary from taking upon the role of the executive and the legislature while discharging judicial functions. Attorney General KK Venugopal said that PILs have proved to be a boon but before passing order, judiciary must take the view of the Government.