Coming straight to the crux of the matter, let me begin by first and foremost pointing out that Prime Minister Narendra Modi on November 26, 2017 stressed the need for the judiciary, Government and executive to strengthen each other and work together for a new India.
However, the Chief Justice of India (CJI) Dipak Misra emphasized that judiciary has a Constitutional duty to interpret and enforce a policy or law and apply “judicially manageable standards” to assess if a policy of the Government be interfered with. CJI has a valid point and it is a fact that judiciary has always taken care not to step into the terrain of the executive unless and until it is absolutely the crying need of the hour!
Hailing the makers of the Constitution, Modi said, “It was not easy to make a historical document which binds a country which has more than a dozen sects, more than 100 languages, and more than 1,700 dialects and people living in places with various beliefs.” Modi also called for judiciary to ensure that nobody rises above the law. He said that, “Nothing is above the law. The law itself lies in the power of the king and the law enables the poor to fight the mighty weak. While on the same mantra, our Government has also worked out new laws and dismantling old laws to Living the Ease of being.” I fully appreciate this landmark step of dismantling old laws and working out new laws but why can’t similarly old benches at places not required or at the very least establishing new benches at places where required like in West UP, Bihar, Western Odisha and many other places not carried out not even in any one place even as Modi is all set to complete 4 years in office? Why no action is being taken on this score inspite of 230th report of Law Commission of India strongly recommending so?
When Law Minister from Karnataka can create 2 more benches for Karnataka despite one being already at Hubli then why is Prasad from Bihar sitting quiet? Can he again explain? Can Prasad explain why since last so many years more than half of posts of Judges were lying vacant even in High Courts like Allahabad and Calcutta and the latter had even rapped Centre for it?
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.