Judicial Intervention to nudge exec, not usurp its role: CJI

What is the news?

Chief Justice of India in his speech from Constitution Day (26th November), talked about the role of judiciary and executive in providing justice to people.

What is the CJI viewpoint?

On securing justice: Although the judiciary is the guardian of the constitution, upholding the commitment to secure justice lies in all three organs of the state. Any deviation by the legislature or executive from the path prescribed by the Constitution will only lead to an additional burden on the judiciary.

Judicial Intervention: CJI recognized the Laxman Rekha drawn by the constitution. He said that the judiciary only intervenes when the court is compelled to pay attention to unresolved grievances. The intention behind this is not to overstep their role.

Pendency of cases: He welcomed the government’s step for clearing many names for the higher judiciary. To further reduce the pendency of cases, he suggested filling of existing vacancies of judicial officers and public prosecutors, government pleaders and standing counsel, creation of more posts, creation of necessary infrastructure etc.

On increase in the number of attacks on judges: These attacks are often sponsored and synchronized. These attacks are related to the physical one and also on social media.

CJI requested the law enforcement agencies to deal with such malicious attacks that can bring disharm to the functioning of the judiciary. Government should create a secure environment so that the judges and judicial officers can function fearlessly.

Source: This post is based on the article “Judicial Intervention to nudge exec, not usurp its role: CJI” published in Times of India on 27th November 2021.

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