Supreme Court failed us during Emergency, says Law Minister Ravi Shankar Prasad

New Delhi: Tensions between the judiciary and the government flared up once again on Saturday, as both sides cautioned each other against crossing the "Lakshman Rekha", with law minister Ravi Shankar Prasad recalling that the Supreme Court had failed while high courts had shown "great courage" during the Emergency.

Differences between the two sides first showed up when Chief Justice of India TS Thakur said at a function that there is a shortage of judges in high courts and tribunals requiring government intervention, a view Prasad strongly disagreed with.

Supreme Court failed us during Emergency, says Law Minister Ravi Shankar Prasad

Law Minister Ravi Shankar Prasad. PTI

Later, at another function in the Supreme Court lawns, the CJI cautioned that no organs of government should cross the "Lakshman Rekha" and stressed judiciary has been given the duty to watch that all remain within their limits.

He was responding to attorney general Mukul Rohatgi, who in an apparent reference to the Emergency and other political scenarios, said, "The delicate balance of the Constitution was disturbed in 1970s. That balance must be restored."

Hours later, Rohatgi said at another Law Day function in the presence of the CJI and his likely successor, Justice JS Khehar, "All, including judiciary, must recognise there is a 'Lakshman Rekha' and be ready for introspection."

While the CJI did not respond to it, Justice Khehar said, "Judiciary has always kept to the Lakshman Rekha by upholding the
Constitution. Emergency brought out strengths and weaknesses of the Constitution."

However, the law minister was very vocal in attacking the judiciary, by saying, "Supreme Court failed us during the Emergency and all high courts showed great courage. Courts may quash the order of the government; courts may set aside a legislation but the governance must remain with those who are elected to govern."

Prasad also added that issues regarding the Emergency in the ADM Jabalpur case in which the apex court held that even Fundamental Rights can be suspended was a "monumental lapse". He allayed apprehensions on curtailment of freedom by the
present dispensation, saying he and Prime Minister both suffered during the Emergency and "it will preserve the freedom of all organs of the state".

Justice Khehar said, "Judiciary is mandated to shield all persons, citizens and non-citizens alike, against discrimination and abuse of state power. Liberty, equality and dignity of citizen have flourished substantially in India due to the pro-active role of judiciary in the country," he said, adding that "a progressive civil society and a pulsating media have contributed to keep the
constitutional values on track."

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Updated Date: Nov 26, 2016 22:09:36 IST

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