‘Indian Judiciary’ and ‘The Government of India’ Heading Towards Confrontation-Encounter! - Forwarded by: Balbir Singh Sooch-Sikh Vichar Manch

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Chief Justice of India, Dipak Misra in New Delhi on Saturday. (Source: PTI Photo)

Highlights:



1. The Constitution is a “lucid-Clear, logical” and “living-Active Not dead” Document. Chief Justice of India (CJI), Dipak Misra said; The Chief Justice of India (CJI), Dipak Misra was speaking at a function organised by the apex court to celebrate Constitution Day.



2. “There can be no compromise on a citizen’s fundamental rights, Chief Justice of India (CJI), Dipak Misra said on Sunday, November 26, 2017;



3. The Constitution a “lucid-clear, logical” and “living-active not dead” and “The Supreme Court of India today believed that we are only under Constitutional sovereignty and we shall practise it”. The Chief Justice of India (CJI) said



4. Union law minister Ravi Shankar Prasad that governance “must remain” with those elected to govern.



5. There can be no compromise on people's fundamental rights: Chief Justice of India (CJI), Dipak Misra said



6. “New Delhi, Nov 26, 2017 (UNI) Chief Justice of India Dipak Misra on Sunday said there could be no compromise on the citizens' fundamental rights guaranteed under the Constitution, and refused to accept the view that judiciary was encroaching upon the functions of the legislature and the executive.



7. The Constitutional religion was supreme and all, irrespective of their background or status, must follow it, Justice Misra said speaking at a function organised to celebrate the Constitution day.



8. He stressed on maintaining a balance between the right of people and the duty of the government.



9. ''Right of people has to be at pinnacle and it cannot be compromised,'' the CJI said.



10. Justice Misra, while accepting that no right was absolute, said there should be no restrictions which "destroy the central dogma of the Constitution". Courtesy: UNI



11. Justice Misra said the focus of the judiciary should be on reducing pending cases, rejecting frivolous litigations and stressing on alternative dispute resolution mechanisms to settle cases.



12. The Chief Justice of India (CJI) said the Supreme Court believed in and practised “constitutional sovereignty”.



13. “The fundamental rights are in the core value and the bedrock of the Constitution. An independent judiciary with the power of judicial review has been conferred with the power of the ultimate guardian of the Constitution to strike a balance ... to ensure that respective governments are functioning as provided by the law within their respective domains,” he said.



14. There can be no compromise with the citizen’s fundamental rights, he said at a function organised by the apex court to celebrate Constitution Day.



15. “The citizens’ rights have to be at the pinnacle,” Justice Misra asserted.



16. Calling the Constitution a “lucid-clear, logical” and “living-active not dead” document, he said, “The Supreme Court of India today believed that we are only under Constitutional sovereignty and we shall practise it”.



17. Though no right was absolute, there should be no fetters which “destroy the central dogma of the constitution”, the CJI said at the function, inaugurated by President Ram Nath Kovind.



18. Justice Misra said the focus of the judiciary should be on reducing pending cases, rejecting frivolous litigations and stressing on alternative dispute resolution mechanisms to settle cases”. Courtesy: HT



19. “Speaking at a Constitution Day function in the presence of Prime Minister Narendra Modi and a larger number of judges, lawyers, law academics and students, the Law Minister and the Chief Justice of India (CJI) indulged in what appeared to be candid exchange of views on issues of governance, policy and judicial overreach.



20. This was the second consecutive day that NDA minister criticised courts for judicial overreach and advised judges to follow judicial restraint and avoid getting into policy issues which they were not equipped and trained to handle.



21. The Supreme Court’s verdict declaring the National Judicial Appointments Commission unconstitutional, the Law Minister criticised the judgment…



22. On his part, CJI Misra sought to dispel the impression that judges intended to run the country and cited specific cases to drive home the message.



23. Justice Misra – who spoke twice on Sunday – gave the example of rejection of a PIL demanding re-poll if NOTA votes were more than 50% of the total votes polled in a particular constituency and its order setting aside a Calcutta High Court’s order against movement of central paramilitary forces from the Darjeeling hills to Himachal Pradesh for conduct of elections.



24. He also cited certain paragraphs from Supreme Court’s verdicts to emphasise that even the judiciary considered the Prime Minister to be “repository of constructional trust”.



25. The CJI, however, defended the role of the judiciary in protecting people’s fundamental rights, saying, “We are playing the role of a constitutional catalyst.” He advocated mutual respect between various organs of the State with constitutional supremacy”. Courtesy: The Tribune, Chandigarh



26. “NEW DELHI: There can be no compromise on a citizen's fundamental rights, Chief Justice of India Dipak Misra said today while responding to the assertion of Union Law Minister Ravi Shankar Prasad that governance "must remain" with those elected to govern.

26.

27. 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".



28. "The fundamental rights are in the core value and the bedrock of the Constitution. An independent judiciary with the power of judicial review has been conferred with the power of the ultimate guardian of the Constitution to strike a balance ... to ensure that respective governments are functioning as provided by the law within their respective domains," he said.



29. There can be no compromise with the citizen's fundamental rights, he said at a function organised by the apex court to celebrate Constitution Day. "The citizens' rights have to be at the pinnacle," Justice Misra asserted.



30. Calling the Constitution a "lucid" and "living" document, he said, "The Supreme Court of India today believed that we are only under Constitutional sovereignty and we shall practise it". Though no right was absolute, there should be no fetters which "destroy the central dogma of the constitution", the CJI said at the function, inaugurated by President Ram Nath Kovind.



31. Justice Misra said the focus of the judiciary should be on reducing pending cases, rejecting frivolous litigations and stressing on alternative dispute resolution mechanisms to settle cases.



32. "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. While independence of the judiciary was "important", judicial accountability, probity and propriety were "equally" necessary, he said.



33. "In the case of the judiciary, the accountability is latent... Independence (of judiciary) is most important, but probity and propriety are equally important," he said, while adding that "reckless allegations" should not be made or paid heed to.



34. Attorney General K K Venugopal termed a "boon- benefit" the evolution of the public interest litigation by the Supreme Court and said it had served poor citizens of the country.



35. He referred to a judgement in a PIL that had led to the mass release of undertrial prisoners who had served the maximum jail terms prescribed for offences during the trial itself.



36. "It is one thing to deliver a judgement in a PIL but to implement it and to achieve results is a totally different thing. Therefore... there has to be collaborative effort," The top law officer said.



37. Moreover, there should be "collaborative efforts" on the part of the judiciary and the executive to ensure that the judgements are implemented keeping in mind the limited resources”. Courtesy by: NDTV and PTI



Highlights Forwarded by: Balbir Singh Sooch-Sikh Vichar Manch

Chief Justice of India, Dipak Misra in New Delhi on Saturday. (Source: PTI Photo)

Posted on Nov 27, 17 | 12:40 am