During Emergency while HC’s showed courage, SC failed us: Ravi Shankar Prasad

Recalling the Emergency in India during Indira Gandhi's tenure, Prasad said, "Let's not forget during emergency while high courts showed courage, the Supreme Court failed us, a monumental failure."

By: Express Web Desk | New Delhi | Updated: November 26, 2016 7:35 pm
Chief justice of India, Ravi Shankar prasad, SC judges vacancy, SC judges appointments, CJI T S Thakur Union Law Minister Ravi Shankar Prasad said that courts should pass directives but governance must remain with those elected to govern.

Union Law Minister Ravi Shankar Prasad on Saturday said that legislation must remain the preserve of the Legislature, problems will resolve if all organs remember their domain. Prasad was speaking at a function in the Supreme Court lawns to celebrate Constitution Day, when he said that courts should pass directives but governance must remain with those elected to govern. “Courts must quash orders of the government but governance
must remain with those elected to govern,” he said.

Recalling the Emergency in India during Indira Gandhi’s tenure, Prasad said, “Let’s not forget during emergency while high courts showed courage, the Supreme Court failed us, a monumental failure.” The law minister also added that there is a high respect across the globe for the Indian Constitution which does not distinguish between rich, big and poor. “People are convinced that they can unseat any political leader, howsoever big, from power. It can also replace any political party,” he said.

ALSO READ: Law Minister disagrees with CJI Thakur’s claim: ‘120 appointments made this year, second highest since 1990’

Earlier in the day, Prasad disagreed with Chief Justice of India T S Thakur’s claim that 500 judges posts are vacant in the high courts. Rebutting his claims, the minister said the government has made 120 appointments this year which was the second highest since 1990. The highest number of appointments of 121 were made in 2013. “We respectfully disagree with him (CJI). This year we have made 120 appointments. The second highest of 121 is of 2013. Since 1990 there have been only 80 appointments. 5,000 vacancies are there in the lower judiciary in which the government of India has no role to play. That is something only for the judiciary to take care,” added Prasad.

ALSO READ: ‘Courts lying vacant without judges’: CJI TS Thakur lambasts Centre

CJI T S Thakur on Saturday took on the Centre for sitting over appointments of High Court judges and asserted that Prime Minister Narendra Modi-led government’s attitude was lackadaisical from the very issue of filling vacancies to providing adequate infrastructure. Thakur said that courtrooms are lying vacant without judges. He further said that in principle, the judiciary was not against the formation of Tribunals because it would relieve court duties, but the problem arose from the lack of adequate infrastructure provided to the Tribunals.

“Tribunals are not equipped and are lying empty. Today a situation has come that when no retired Supreme Court judge wants to head the Tribunal. I am pained to send my retired colleagues there. Government is not ready to give proper facilities. Vacancy apart from infrastructure is a major concern for the Tribunal,” Thakur said.

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First Published on: November 26, 2016 7:07 pm
  1. A
    Anil
    Nov 26, 2016 at 2:22 pm
    You are a stooge who is a failure as a cabinet minister. You are better off being a spokesperson for BJP
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    1. B
      Barbdewyre
      Nov 27, 2016 at 1:30 pm
      Ravi Shankar Prasad, at least Indira hi had the balls to declare emergency. Modi has imposed it surrepiously.
      Reply
      1. R
        Refuse
        Nov 26, 2016 at 2:45 pm
        Duffer Ravi Shankar Prasad is justifying his incompetency of filling the empty positions AS ORDERED BY THE DOGS OF NAGPUR. BECAUSE THE DOGS OF NAGPUR WANTS BRAHMIN STREET URCHINS AS JUDGES, TRADITIONALLY OCCUPIED BY THE BRAHMIN DOGS.
        Reply
        1. H
          Haru Mandal
          Nov 26, 2016 at 2:34 pm
          Is he answering a serious issue, addressing the concern of the CJI of the country? lt;br/gt;lt;br/gt;I thought - to fight against corruption, we need a full capacity Judiciary going full steam with gun powder dry and full. That is what the expectation by their own statements and declarations on demonetisation.
          Reply
          1. B
            Blah.blah
            Nov 26, 2016 at 2:40 pm
            Looks like the bstrd law minister has been asked to WAGE A WAR AGAINST HONEST CJI.
            Reply
            1. S
              SurdARYA.relatives
              Nov 26, 2016 at 2:52 pm
              I am a lickspittle cl, I agree with what ever Raviji Shankarji Prasadji.
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              1. N
                Nana
                Nov 26, 2016 at 3:02 pm
                We touched what you eat-beeflt;br/gt;lt;br/gt;We touched how many kids you should have-bachelor Bagawat's order for all brahmins to SKREW more their Brahmin women.lt;br/gt;lt;br/gt;We touched what you should wearlt;br/gt;lt;br/gt;We touched your money 500/1000.lt;br/gt;lt;br/gt;We touched your goldlt;br/gt;lt;br/gt;We are touching what judgement you deservelt;br/gt;lt;br/gt;We brahmin dogs will soon touch your stomach!lt;br/gt;lt;br/gt;Until then wait. We want to face a Holocaust at your hands. We want to extinct ourselves.
                Reply
                1. J
                  Jim
                  Nov 26, 2016 at 10:49 pm
                  Courts not lying vacant biggest milord is lying
                  Reply
                  1. J
                    Jajji
                    Nov 26, 2016 at 3:19 pm
                    This person doesn't deserve to be a minister he should be kicked out as he has no respect for judicial system. Shame on BJP
                    Reply
                    1. L
                      Lovely
                      Nov 27, 2016 at 7:35 am
                      Supreme Court is not God. But it thinks it is supernatural power.
                      Reply
                      1. M
                        Mohinder
                        Nov 26, 2016 at 11:05 pm
                        BJP and Modi must stay out of Court and Judiciary. W world is cursing them for do ing injustice to w nation and protecting their own.
                        Reply
                        1. S
                          Satyamev Kahte
                          Nov 26, 2016 at 4:13 pm
                          if you see the history of RSS, you would know that our Consution and democracy are anathema to them. They clearly do not recognize that all Indians (or humans) are inherently equal. They will attach their own unacceptable caveats to that central theme of freedom and equality, so much that the Consution is robbed of its essence! e.g. Every person living in India is a Hindu (notwithstanding the fact that the word Hindu was first coined by Arabs) or only she/he is an Indian who says Bharat Mata ki jai or Vand Mataram, rest should be forced to go to stan. No one also knows how Akhand Bharat will come to reality or what is their exact position on Nathuram Godse, was he a hero or a murderer?
                          Reply
                          1. S
                            Shakri
                            Nov 27, 2016 at 12:26 pm
                            Goto wiki and read - consution of india. lt;br/gt;The Consution of India is the supreme law of India.
                            Reply
                            1. S
                              Shakri
                              Nov 26, 2016 at 5:20 pm
                              Oho Mr law ministree . Well said , this economic emergency is very dangerous. SC allowed HCs to take pleas . But need stringed decision from responsibility of consution for basic rights of preamble . SC can't know what is happening in villages or cities of other states and HCs are organs of same judicial body to which SC laid path.
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                              1. S
                                Shakri
                                Nov 26, 2016 at 5:51 pm
                                Pity on places that don't have guru darbars
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                                1. A
                                  Amit C
                                  Nov 26, 2016 at 3:43 pm
                                  This is scary. Law Mins telling judiciary because you faulted during emergency, we are making judiciary defunct!! If this is state of SC, imaging lower judiciary which impacts common man most.
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                                    avd
                                    Nov 26, 2016 at 9:39 pm
                                    There is no second opinion over what said by the Union Law Minister Ravi Shankar Prasad that during Emergency while HC’s showed courage to say something over Emergency but SC had failed completely to do so. However, things were different what is today and what was that time when Late ex-PM Indira hi was in Power. Emergency era of IG had realise all of us what is value of Freedom of Speech, Expression and Liberty specially to Politicians and Aam Aadmi.Now no one in power will ever dare to impose Emergency how he might be great.However, it is advised Modi Govt specially Law Minister not to make more issue on it and try to have mutual understanding and co-operation with SC and vice Versa.The Judiciary has to be strong and active all time.Both Executives(Govt) and Judiciary(SC/HCs) are the most two strong Pillars of our Democracy.Our Judiciary has to pro-active in seeing the progress of Nation and Aam Aadmi gets justice without getting any hardship at lower court in District level.
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                                      Arvind
                                      Nov 26, 2016 at 3:30 pm
                                      A wrong signal has gone to the minds of General Public that our Judiciary meant for those who have Muscle and money powers.No one likes to go to the court to redress his/her grievances.No doubt it has done great service to the nation when it forced Govt to take action on culprits of 2G,CWG and Coalgate and Black Moneys.However its low and old practices made it deliver justice very slowly still culprits of Major scams have not been punished so far.
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                                      1. A
                                        Arvind
                                        Nov 26, 2016 at 2:03 pm
                                        There should not be a tug of war between The Ruling Party at centre and SC.Both are main Pillar if our Democracy.Everyone wants Honests and non Corrupt Judges must be appointed all time.The people of India are always proud of having both Narendra Modi PM and Justice T S Thakur, Chief Justice of India.
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                                        1. A
                                          Arvind
                                          Nov 26, 2016 at 2:10 pm
                                          There should not be a tug of war between The Ruling Party at centre and SC.Both are main Pillars of our Democracy.Everyone wants Honest and non Corrupt Judges are always appointed all time.The people of India are always feel proud of having Narendra Modi as PM and Justice T S Thakur, as Chief Justice of India.Before his retirement in Jan 2017 TS Thakur CJI, must see and order Govt as how Black Moneys are uprooted and see Aam Aadmi gets justice in time.
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                                            Nampurath Krishna
                                            Nov 26, 2016 at 5:04 pm
                                            Thank you Indian Express for not showing my comments that seemed hit below the belt of the forces that be !!
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