As CJI, minister spar on judges' activism, Modi urges harmony

New Delhi: Soon after the Chief Justice of India sparred with the Union law minister over the issue of judicial activism on Sunday, with the CJI denying the minister’s allegation that the judiciary was encroaching on the legislature or the executive, and saying there can be no compromise by the judiciary in enforcing a citizen’s fundamental rights, Prime Minister Narendra Modi stressed that all three (legislature, judiciary and executive) were a part of the same family and should work to strengthen each other.

Mr Modi said all three needed to brainstorm on how to move forward in the changed scenario. “They are members of the same family... We do not have to prove anyone right or wrong. We know our strengths, we know our weaknesses,” he said at a gathering of judges and advocates at Vigyan Bhavan here to celebrate National Law Day.

Chief Justice of India Dipak Misra had earlier rejected law minister Ravi Shankar Prasad’s remark that probity and propriety in the judiciary was as important as judicial independence. Mr Prasad said the “fine balance among the judiciary, executive and legislature should be maintained to avoid any strain”, adding “law making” should be left to those elected to make the law. “The founding fathers clearly meant that governance must remain in the realm of those elected to govern by the people of India and accountable to the people of India.” he said.

This was the second day the government criticised the judiciary for its overreach. On Saturday, finance minister Arun Jaitley asked the judiciary to maintain a “delicate balance” without encroaching into the policy domain of the executive.

The CJI, in his reply, said every citizen of the country, irrespective of their background and status, must follow and practice constitutional religion to strengthen the rule of law and democracy. He said that the fundamental rights of the people had to be given top priority, and denied the allegation that judiciary was encroaching upon the domain of the legislature and the executive. “One single religion that everyone must follow is constitutional religion”, he said.

On Mr Prasad’s remark that “PILs cannot become a substitute for governance”, the CJI said the Supreme Court believed in and practised “constitutional sovereignty”. He said the fundamental rights were the core value and bedrock of the Constitution. “An independent judiciary with the power of judicial review had been conferred with the power of being the ultimate guardian of the Constitution to strike a balance to ensure governments function as provided by the law within their respective domains. Citizens’ rights have to be at the pinnacle,” the CJI said.

The focus of the judiciary should be on reducing pending cases, rejecting frivolous litigation and stressing alternative dispute resolution mechanisms to settle cases, he added.

Attorney-general K.K. Venugopal said the PIL was a “boon” and it had served poor citizens of the country. He referred to a judgment in a PIL that led to the mass release of undertrials who served the maximum jail terms prescribed for offences during the trial itself.

The A-G said: “It is one thing to deliver a judgment in a PIL, but to implement it and to achieve results is a totally different thing. Therefore, there has to be collaborative effort. The government has to be given an opportunity to consider the various pro and cons.”