“Now if judiciary starts framing the rules, if they start deciding where the road is to be built, if judiciary gets into the services rules, what is government for,” he asked.
The Union Law Minister Kiren Rijiju, on Friday, said that the judiciary should not overstep its boundaries by entering into executive domain but should leave the task of running the country to the elected representatives.
The Law Minister said that while the government is fully committed to independence of judiciary, the judiciary should also respect its Constitutional boundaries and not cross lakshman rekha in the interest of the nation.
“We are in a democratic set up, India is a democracy. The sovereignty of the nation lies in the people of India. People of India govern themselves, people decide how to govern themselves. So people govern themselves through elected representatives. Who should run the country? Should judiciary run the country or should elected government,” he asked.
The Law Minister was speaking at India Today conclave held in Mumbai.
He deprecated the trend of judiciary getting into executive domain and framing rules and attempting to carry out executive functions.
“Now if judiciary starts framing the rules, if they start deciding where the road is to be built, if judiciary gets into the services rules, what is government for,” he asked.
In this regard, he also cited recent examples of COVID related cases and case on validity of Section 124A of the Indian Penal Code which criminalises sedition.
“During COVID time, in Delhi High Court a bench directed that there should be a committee of experts to run the COVID affairs. Then we told the Solicitor General (Tushar Mehta), ‘Please inform the Court this is none of your business. You cannot do that. It is the government who is in the best position to take care of the challenges coming before us’,” Rijiju said.
Likewise, on sedition, he said that the Supreme Court should have refrained from passing any order since the government told the Court that it was already reconsidering the provision.
The Supreme Court had in May this year, ordered the Central government and States to refrain from registering any cases for the offence of sedition under Section 124A.
“We told the the Supreme Court that the government is thinking of changing the provision of sedition law. Despite that Supreme Court struck down the provisions of sedition law. I am very upset about it. These are the matters which really upsets me. If we are adamant on any subject, we are not listening to the judiciary, then the judiciary can come down heavily. When we have already stated that we are taking a review, we will come back with a better provision. This is old provisions of law, which we are re-looking into it, despite that if they pronouncement comes from the court, definitely it is not a good thing. That is why I reacted that time also. There is a lakshman rekha for everybody. Do not cross the lakshman rekha in the interest of the nation,” he said.
Rijiju underscored that the Narendra Modi government has not taken a single step in the last 8.5 years to undermine the judiciary or compromise its independence.
“Believe me, we are the government, very democratic, and we respect the judiciary, and we also believe in complete independence of the judiciary. In last 8 and a half years, Narendra Modi government, not a single step has been taken to undermine the authority of the judiciary. I firmly believe that independence of judiciary should be protected and promoted,” he stated.
He also said that what worries him more is pendency figures and it would be his endevaour as Law Minister to make the Indian judiciary more robust.
“Law Minister is there to assist the judiciary so that Indian judiciary becomes robust. And the numbers of cases which are pending, you just counted the figures (5 crores and counting), these are the biggest worry for me as the Minister for Law and Justice. When a person is waiting for 20-25 years to get a date. Is it is not worrisome for me,” he asked.