The notion that “judges are themselves appointing judges” is a myth as the judiciary is just one of the many players involved in the process of selecting judicial officers, Chief Justice of India N V Ramana said on Sunday during a lecture at Vijaywada on Sunday.
CJI N V Ramana made it clear that every action taken by the government and the parliament has to pass through the Constitution muster. By the power of judicial review, the judiciary has been entrusted with this task.
“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.
Speaking at the fifth late Sri Lavu Venkateswarlu Endowment Lecture on the topic, ‘Indian Judiciary – Challenges of future’, he said, “There appears to be a growing tendency to disregard, and even disrespect Court orders by the executive.”
The CJI also highlighted the importance of judicial review and how it is misguided 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 said.
“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 added.
He said that while some challenges faced by the judiciary are due to changing times, other challenges are already “being faced by us”.
He even mentioned that the executive was non-cooperative and the fact that courts do not have the power of the sword 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,” the CJI said.
“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, the judiciary cannot be held responsible alone,” he added.
