Popular majority of govt not defence for arbitrary actions; growing tendency to disrespect court orders: CJI NV Ramana

A government enjoying popular majority in the parliament is not a defence for its arbitrary actions, Chief Justice of India NV Ramana made it clear on Sunday..The CJI said that every action by the government and the parliament will have to pass the Constitutional muster and the judiciary has been entrusted with the task of ensuring the same by its power of judicial review. "It is a well-known fact that a popular majority is not a defence for arbitrary actions taken by a Government. Every action is mandatorily required to comply with the Constitution. If the judiciary does not have the power of judicial review, then the functioning of democracy in this country would be unthinkable," he said.He also took an unfavourable view of governments disrespecting court orders saying it affects dispensation of justice."There appears to be a growing tendency to disregard, and even disrespect Court orders by the executive," he said.He was speaking at the fifth late Sri Lavu Venkateswarlu Endowment Lecture on the topic, 'Indian Judiciary - Challenges of future' at Vijayawada. .It is a well-known fact that; a popular majority is not a defence for arbitrary actions taken by a Government.CJI NV Ramana.In his speech, the CJI highlighted how judicial review by Constitutional courts is often branded as 'judicial overreach'."Such generalisations are misguided. The Constitution created three co-equal organs, namely the legislature, the executive and the judiciary. It is in this context that the judiciary has been given the role of reviewing the legality of steps taken by the other two organs," he emphasised.The concept of separation of powers cannot be utilised to restrict the scope of judicial review, he opined. "This concept only protects bona fide legitimate actions. It is required that the legislative and executive wings recognise their limits under the Constitution to ensure the smooth working of the democracy," he said..Branding judicial review as 'judicial overreach' a misguided generalisation.CJI NV Ramana.Regarding the challenges faced by the judiciary, he said that while some challenges are due to changing times, certain other challenges are already "being faced by us". One among these he said was non-cooperative executive.On this aspect, he explained how courts do not have the power of the sword or the purse to enforce its directions. "Court orders are only good when they get executed. The executive needs to assist and co-operate for the rule of law to prevail in the nation. However, there appears to be a growing tendency to disregard, and even disrespect Court orders by the executive," he lamented..Ensuring justice, he said, is not the responsibility of the judiciary alone."Unless the other two coordinate organs make sincere efforts to fill the judicial vacancies, appoint prosecutors, strengthen infrastructure, and make laws with a clear foresight and stakeholders analysis, judiciary cannot be held responsible alone," the CJI underscored..[Read full speech]