Judiciary intervenes only when the executive fails in its constitutional duties: CJI Thakur

Defending the Judiciary from allegations of overreach, Chief Justice of India T.S. Thakur on Monday said that Judiciary intervenes only when the executive fails in its constitutional duties.

In an interview to ETV News Network, the CJI was quoted as saying that if there is neglect and failure on part of government agencies, judiciary will “definitely” play its role.

CJI Thakur advised that “the government should do its job instead of hurling accusations” and added that “the people turn to the courts only after they are let down by the executive.”

He further expressed concern over the vacancies and stated that if the number of Judges is not increased immediately, the situation may go out of control any time, while the number of litigations would cross over 5 crores in the next 10 years. “I have requested the Prime Minister on several occasions and am sending a report on the same issue to the Centre too,” he was quoted as saying.

The outburst was reportedly meant as a response to a statement by Finance Minister Arun Jaitley, in which he complained of judicial interference in executive functions. Last month in the Rajya Sabha, Mr. Jaitley had claimed that, “Step by step, brick by brick, the edifice of India’s legislature is being destroyed.”

Mr. Jaitley’s remarks were in connection to the Supreme Court judgment wherein it had issued guidelines for disaster/drought management.

“We have the National Disaster Response Fund and the State Disaster Response Fund and now we are being asked to create a third fund. The appropriation bill is being passed. Now outside this appropriation bill, we are being told to create this fund. How will I do that? India’s budget-making is being subject to judicial review,” he had said. You may read the LiveLaw article here.