Law-making should be left to legislature: Prasad

Last Updated 26 November 2017, 14:57 IST

Union Law Minister Ravi Shankar Prasad on Sunday once again raked up the government-judiciary tussle, but Chief Justice Dipak Mishra said there should not be any battle for supremacy.

Addressing the valedictory session of Constitution Day celebrations, Prasad said the founding fathers of the Constitution have made it clear that the job of making laws should be left to the elected government.

Law-making should be left to the legislature. The separation of power is equally binding upon the judiciary and the law of the land, he said in the presence of Prime Minister Narendra Modi and the chief justice.

He also referred to the tussle over the issue of judges' appointment and the Supreme Court quashing the National Judicial Appointments Commission.

Prasad said the Constitution-makers did not desire that the law minister must remain a post office. "If a prime minister and the law minister cannot be trusted with the appointment of judges, it is a huge question. All will have to look into it," he said.

CJI's take

Chief Justice Dipak Mishra, who spoke after Prasad, countered the law minister, saying the judiciary gave immense respect to the law minister and took his communication very seriously.

"There should be no battle for supremacy among the three wings and we are bound by the principle of constitutional sovereignty," he said.

"The judiciary is not into policy formulation. But once it is formulated, it is our job to interpret it and see whether it is as per rules. What right do we have to legislate?" he said.

(Published 26 November 2017, 14:44 IST)

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