VP Naidu speaks of 'judicial overreach' at AIPOC 2020, cites ban on firecrackers in Diwali

While speaking at the 80th All India Presiding officers' Conference, Vice President M Venkaiah Naidu stated that sometimes judgements passed by the Indian Judiciary gives a 'distinct impression of judicial overreach'. Further, he stressed the importance of each organ of democracy to work within its domains. Inaugurated by President Ram Nath Kovind at the Statue of Unity in Kevadia in Gujarat on Wednesday, the 80th All India Presiding Officers' Conference was also attended by other dignitaries including Lok Sabha Speaker and Chairperson of the conference Om Birla, Gujarat CM Vijay Rupani and Governor Acharya Devvrat. The concluding session of the conference is scheduled for Thursday and PM Modi will be gracing the event via video conference. 

"Harmony lies in each organ doing its job without interfering with that of the others. This warrants a spirit of mutual respect, responsibility and restraint. Unfortunately, there have been several instances of crossing the boundaries. We consider our ‘State’ to be in its best state when each of the three organs of the ‘State’ performs to the best of its potential in the domain specified for each of them, in pursuit of the mandate defined and in the manner prescribed in the Constitution," said Vice President M Venkaiah Naidu at the 80th All India Presiding officers' Conference.

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"A distinct impression of an overreach"

Citing the court's verdict on the ban on firecrackers in Delhi as well as the vehicle cess levied in the national capital, VP Naidu termed it 'judicial overreach'. He spoke of how concerns have been raised over judiciary entering the domains of the legislative and executive bodies. Naidu also raised the issue of denying the executive a role in the appointment of judges via collegiums and invalidating the National Judicial Appointments Commission Act which sought transparency and accountability and termed these as examples of 'judicial overreach'.

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"Since independence, the Supreme Court and the high courts have delivered several far-reaching verdicts in furtherance of socio-economic objectives, besides making correctional interventions. But occasionally, concerns have been raised as to whether they were entering the domains of the legislative and executive wings. There have been debates as to whether some issues should have been more legitimately left to the other organs of the government. There have been quite a few judicial pronouncements that gave a distinct impression of an overreach. These actions have resulted in an avoidable blurring of the contours demarcated by the Constitution," said VP Naidu.

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"At times, the legislature too has tended to cross the line. The 39th Constitution amendment placing the election of President, Vice President and Prime Minister beyond the scope of judicial scrutiny in the circumstances in 1975 is one such instance," Venkaiah Naidu added. 

Speaking about the violation of rights and liberties of citizens, VP Naidu stated that the executive organ infringes rights and liberties and becomes 'too visible for comfort'. He informed that in several cases the rules framed under the 'subordinate legislation were in violation of the original legislation passed by the Parliament. VP Naidu went on to call, 'Decency, Dignity and Decorum as the temples of democracy.

 

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(With inputs from ANI & PTI)