Respect laxman rekha, Law Minister tells judges gathering

NEW DELHI: Separation of powers between the executive and the judiciary is enshrined in the basic structure of the Constitution where Laxman Rekha has to be appreciated by everyone, Union Law minister Ravi Shankar Prasad said here on Monday while speaking at a gathering of the higher judiciary, which included the judges of the Supreme Court and the Chief Justice of India.


Prasad said that there may be temptations, but temptation should not lead to taking over of the power. “Yes, I understand the temptation with great respect, but mere temptation should not lead to taking over of the power as that would lead to a larger narrative,” he said.

The Law minister’s remarks come at a time when the apex court is hearing a petition related to the government-to-government deal with France on the purchase of multi-role Rafale fighter jets for an estimated cost of over Rs 55,000 crore. The petitioners and also the opposition parties have been demanding a CBI probe into the pricing of the aircraft offered to the French company.

The Law minister reminded the judges that governance is a highly complicated exercise and there is need to reflect within as to how far the judiciary needs to go. The Law minister made these remarks soon after he expressed reservation on the apex court rejecting the constitutional amendment on setting up of the National Judicial Appointments Commission a few years ago.

“Separation of power is also a basic structure. And when we talk of the basic structure, that is what has emanated from the 12 judges of the Supreme Court. If that is the norm, then I think the Lakshman Rekha has to be appreciated by everyone,” Prasad said.

Inaugurating the Constitution Day celebrations earlier in the day, President Ram Nath Kovind said that the Constitution formalised the segregation of powers between the judiciary, the executive and the legislature and has given all three pillars the legitimate rules and responsibilities to uphold the Constitution for realising its hopes and expectations.

Later, speaking at the function, chief justice of India Ranjan Gogoi said that it is in our best interest to heed the advice of the Constitution. “If we do not, our hubris will result in sharp descent into chaos,” he said.

Justice Gogoi asked: "Are we Indians existing in conditions of freedom, equality and dignity? These are questions that I ask myself. Undoubtedly, great advances have been made but there is a lot left to be done. Today, we need just not a celebration but also to chalk out a roadmap for the future."

The CJI said the Constitution is the voice of the marginalized as well as the prudence of the majority and its wisdom guides us in the moments of crisis and uncertainty.

November 26 is celebrated as the Constitution Day as the Constituent Assembly adopted the Constitution of India on November 26, 1949. It was implemented from January 26, 1950