PM: 3 pillars must work together for new India

Prime Minister Narendra Modi on Sunday stressed the need for the judiciary, Government and executive to strengthen each other and work together for a new India. However, Chief Justice of India (CJI) Dipak Misra emphasised that judiciary has a Constitutional duty to interpret and enforce a policy or law and apply “judicially manageable standards” to assess if a policy of the Government be interfered with.

Speaking at the Law Day function organised by the Law Commission of India, both Modi and Mishra did agree on one point that to maintain balance between the three wings of the State, there should not be any claim to supremacy. Putting it succinctly, Modi said, “We know our individual strengths and weaknesses. It is not a question of proving who is superior as every decision or step taken by each wing affects the life of common man. The question we need to ask is whether as members of one family, do we work to strengthen and support each other in realising the common aspirations of all citizens contained in the Constitution or not.”

Asserting that the Indian Constitution is as vibrant as possible, and even more sensitive, Modi said, the Constitution is accountable, competent,  and sacred, and has kept the spirit of democracy alive.

Hailing the makers of the Constitution, Modi said, “It was not easy to make a historical document which binds a country which has more than a dozen sects, more than 100 languages, and more than 1,700 dialects and people living in places with various beliefs.”

Describing BR Ambedkar, the Father of the Constitution, Modi said, “Baba Saheb said that Constitution is workable, flexible and has the power to unite the nation in times of war and peace.”

Modi also called for judiciary to ensure that nobody rises above the law. “Nothing is above the law. The law itself lies in the power of the king and the law enables the poor to fight the mighty-weak. While on the same mantra, our Government has also worked out new laws and dismantling old laws to Living the Ease of being,” he said.

Referring to the President’s concern regarding the judiciary, Modi also made case for equitable l representation in the judiciary. “Yesterday, the honorable President also expressed his concern that there was a nervousness in coming up to the court for poor justice. The result of all our efforts should be that it is not frightened by the poor court, and the justices at the time and the procedures of the court are also reduced,” Modi said.

Claiming that the balance between the judiciary, legislature, and executive has been the backbone of the Constitution, Modi said legislature, executive and judiciary should keep in mind the decorum dictated by the Constitution.

CJI Mishra, who spoke ahead of Modi, had his task cut out. In his speech, Union Law Minister Ravi Shankar Prasad severely criticised the judiciary for failing to be accountable by stalling reforms in judicial appointment and hampering development by entering policy making spheres of Government and thus violating the golden rule of separation of powers.

The CJI said, “All wings of the State are bound by the principle of constitutional sovereignty and there should not be any claim to supremacy by any wing. I assure everybody that Constitution never envisaged what is not judicially manageable standard. There are instances where we have refused to entertain PILs as we felt judiciary cannot dictate Government on policy matters. But when policies are framed, we have a Constitutional duty to interpret it and enforce it.”

Referring to the National Judicial Appointment Commission (NJAC) case where a Constitutional amendment for appointing judges was struck down by the Supreme Court, Prasad pointed to a High Court judge sent to jail for contempt of court. He said this showed the quality of judges selected by the SC Collegium and urged the need for an “audit” to ascertain what the country has lost in the process.

The Law Minister said that his office cannot remain merely a “post office” to forward names of judges forwarded by Collegium. The CJI differed sharply, saying, “We never imagined nor regard office of Law Minister as a post office. We never ignore his views and many times out of mutual respect do not reiterate our recommendation acting on the views he sends…There may be certain occasions where orders are passed by SC under Article 142 (to do complete justice). But things are done and rectified later on.”

Acting as the peacemaker on the occasion, PM Modi said, “We must strive to work together to strengthen each other and understand problems facing each other. The balance of the three wings is the backbone of our Constitution. This is the reason that despite Emergency, we have maintained on the path of democracy.”

He also emphasised on the Indian Constitution’s important role in the country’s overall development after independence and said it has withstood the test of time.