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LATEST NEWS UPDATES | Judiciary shouldn't undermine executive: PM

Judiciary shouldn't undermine executive: PM

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published Published on Feb 6, 2011   modified Modified on Feb 6, 2011
Prime Minister Manmohan Singh has called upon the judiciary not to exercise its power of judicial review to undermine the legitimate role assigned to other branches of the government.

The PM made this appeal during his inaugural address at the 17th Commonwealth Law Conference at Hyderabad International Convention Centre (HICC) on Sunday in the presence of CJI S H Kapadia and several legal luminaries.

Justice Kapadia, who spoke earlier, appealed to the policymakers to effect a shift in their approach so that state can deliver to the needy not on the basis of equality but on the basis of basic needs. "If we take equality as a basis, our resources may not be sufficient," he said. "Our limited resources should be spent in such a method that food, education and healthcare are made available at least to those lying below the poverty line taking deprivation as a yardstick," he said.

Referring to the concern expressed by Justice Kapadia, the Prime Minister said his government was committed to the cause of the poor and the pursuit of inclusive economic growth. "I believe that legal empowerment, development and democracy are demonstrably intertwined. Indeed, democracy and legal empowerment are kindred spirits," he observed.

Underlining the need for the judiciary to adapt to the changes in the fast-changing world, Singh said it was the only way the judiciary can retain its relevance. In this context, the Prime Minister said the role of courts and judges in making law an instrument of social stability and progressive change cannot be overemphasized.

The PM in his speech acknowledged the efforts of the Supreme Court which delivered several landmark decisions in public interest litigation cases that were now part of the evolution of India's own constitutional jurisprudence.

Singh said: "Our judges, while interpreting laws, have also widened their scope and reach as law-givers." He said he had no problem with this because that was how the law had evolved in other constitutional and parliamentary democracies as well. "The judicial process has a dynamic role to play, both as the guarantor of justice to litigants and as upholder of the constitutional conscience. But at the same time it has to be ensured that the basic structure of our Constitution is not subordinated to political impulses of the moment or to the will of transient majorities," he said.

The Times of India, 7 February, 2011, http://timesofindia.indiatimes.com/india/Judiciary-shouldnt-undermine-executive-PM/articleshow/7440403.cms


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