Both reminds each other that one shouldn’t cross the ‘Lakshman rekha.’
Instead of sitting together and solving the problem, Judiciary-Government in publically indulging in bitter spat over delay in Judicial Appointments.
Chief Justice of India and law minister Ravi Shankar Prasad brought into open their sharp disagreements on as to who is responsible for the delay.
On the occassion of the Constitution Day, the two institutions reminded each other that it should stay withing the confines of the ‘Lakshman rekha’as drawn by the Constitution.
Justice Thakur sparked the debate by stating that all the three organs of the State shouldn’t cross ‘Lakshman Rekha’ and that Judiciary is duty bound to watch that all remain within their Constitutional limits.
In a function organised by Central Administrative Tribunal, the Chief Justice held the Government responsible for nearly 500 vacancies in high courts, in the presence of Law Minister Prasad.
CJI stated that Tribunals which are supposed to ease the load on Courts are not delivering. He cited unwillingness of retired SC judges to take up Tribunal assignments on account of lack of dignified residential accommodation for them.
Law Min. told the media that the NDA government had appointed 120 HC judges this year.He also said that the memorandum of procedure (MoP), has been pending with the SC collegium headed by the CJI for last three and half months.
Law Min questioned as to why is SC not finalising MoP ? Only an early finalisation of MoP can help speed up the appointments in a transparent and uniform criteri Minister said.
On another function, organised by the SC, Prasad blamed the top court for not rising to the occasion to protect fundamental rights of the people during the Emergency+ and termed it as a “monumental lapse”. He praised the HC for showing courage during that period.
Reacting to CJI’s remark, Attorney General Mukul Rohatgi stated that “Lakshman Rekha” is there for all organs of the State, including Judiciary itself.
He said that self-restraint and self-control is very important and Judiciary should also realise its own Lakshman Rekha.”
On his part Justice J S Khehar, CJI in waiting, said “Judiciary’s Lakshman rekha is the cause of the poor and the depressed people in the country”.
Pro-active role of the Judiciary has saved liberty, equality and dignity of citizens in the country.
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