November 26, 2017:

He expressed dismay over the Supreme Court quashing the National Judicial Appointments Commission.

Just a day after Finance Minister Arun Jaitley raised the question over recent upsurge in “judicial activism”, Union Law Minister Ravi Shankar Prasad here on Sunday called on the judiciary to ensure the separation of powers between the judiciary, legislature and executive.

He was addressing during on the occasion of National Law Day at Vigyan Bhawan.

He said that Constitutionally the separation of power is equally bounding upon the judiciary and is the law of the land.

While countering Prasad, Chief Justice of India Dipak Misra said that there should be no doubt that the judiciary gave absolute respect to the Law Ministry and took its suggestions with mutual respect.

But he added that here should be no battle for supremacy among the three wings and that we are bound by the principle of constitutional sovereignty.

Law Minister did not mince words while expressing dismay over the Supreme Court quashing the National Judicial Appointments Commission Law, Prasad said the Constitution makers never desired that the law minister must remain a post office in selection of judges.

He questioned that if the PM and the Law Minister cannot be trusted with appointment of judges, then it is a huge question and the judiciary and polity of his country will have to look into it.

The SC in its Judgement pronounced in 2015, had junked the NJAC, which sought to give politicians and the civil society more say in the appointment of judges to the higher judiciary.

Since the government and the judiciary are locked on finalising the Memorandum of Procedure (MoP) on selection of judges.

Seconding the Law Minister Prasad in his views, even Attorney General KK Venugopal said that it is time to consider if PILs have achieved their objective.

Expressing his views  as the principal speaker, former CJI RC Lahoti said the judiciary should not assume the role of a super legislature or super executive.

But he added that the judiciary should intervene and annul any law non-compliant with fundamental rights of the peopled.

Source - ptinews.com