Vice President of India and Chairman of Rajya Sabha Shri M.Venkaiah Naidu on November 25, 2020 asserted that none of the three organs of the ‘State’ can claim to be supreme as only the Constitution is supreme and the legislature, the executive and the judiciary are bound to work within the respective domains as defined in the Constitution.
- Addressing the inaugural session of the 80thAll India Conference of Presiding Officers at Kevadia, Gujarat, Shri Naidu urged the three organs of State to work in harmony guided by the spirit of mutual respect, responsibility and restraint for the cause of nation building.
- He expressed concern over the instances of each of the three organs encroaching into the domain of others.
- He stressed that even the principle of ‘first among equals’ does not apply to the apex court and only the Constitution is supreme.
Judicial overreach examples
The Vice President cited following order of the Supreme Court perceived as instances of judicial overreach:
- Higher judiciary deciding on Diwali fireworks,
- Cess on registration and movement of vehicles from the National Capital Region through Delhi;
- Banning of use vehicles of certain make after 10 or 15 years,
- Monitoring police investigations,
- Denying the executive any role in the appointment of judges through collegiums,
- Invalidating the National Judicial Appointments Commission Act seeking to enforce accountability and transparency etc .
(Source: PIB)
