Constitution expects mutual respect between government, courts: CJI

New Delhi, November 26 (IANS) Chief Justice of India Dipak Misra on Sunday said that government and courts are bonded by the principle of the constitutional sovereignty which expects that the institutions must function with a sense of mutual respect without any claim for supremacy.

 

“Constitution expected that the institutions must function with a sense of mutual respect and there should not be any claim for supremacy by any of the wings,” Misra in his valedictory address on the occasion of National Law Day here.

 

In a response to claims of judicial activism, he also said that judges are conscious of when to interfere and when not to when public interest litigation come before them and also repose trust in the Prime Minister as much as the people.

 

He said that all institutions are bonded by the principle of the constitutional sovereignty.

 

The Constitution has given the right to the court to see whether the policies and schemes of the government are implemented properly, he said, adding that the judiciary only asks the government why the policies are not implement in a proper way.

 

Misra also said that whenever any communication comes from the Law Minister, the collegium takes note of it and respects it.

 

A Union Minister on Saturday crossed swords with the Chief Justice of India over judicial activism at a conference on the occasion of National Law Day with the CJI saying it was their sacrosanct duty to protect the fundamental rights of the citizens while Minister of State for Law and Justice P.P. Chaudhary said judicial activism is an outcome of judiciary’s independence and should be lauded as long as it stays away from the realm of policy. But when judicial activism and review wade into policy making, its consequences can be disruptive, he added.

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