Judiciary has the duty to watch organs of State don’t exceed ‘lakshman rekha’: CJI T S Thakur

"If they are making a law which is out of the limits granted under the Constitution or against the fundamental rights, the judiciary has every right to say that it was wrong, " said Chief Justice of India T S Thakur

By: PTI | New Delhi | Published:November 26, 2016 7:15 pm
CJI T S Thakur, Constitution Day, Law Day, Ravi Shankar Prasad, India news, latest news, India news, national news, judiciary and the government of India news, Latest news, India news “Any order which is against the Constitution, judiciary can set it aside to maintain the rule of law,” said CJI Thakur. (PTI photo)

Chief Justice of India T S Thakur on Saturday cautioned that no organs of government should cross the “lakshman rekha” and stressed judiciary has been given the duty to watch that all remain within its limit. Speaking at a function in the Supreme Court lawns to celebrate Constitution Day, earlier known as Law Day, he said judiciary has every right to set aside any law made by Parliament, if it is against the Constitution or beyond the limits granted by the statute book.

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“The Constitution tells us that what would be the works to be done by the government. It has fixed the duties and responsibilities for judiciary, executive and legislature. It has fixed their limits and ‘lakshman rekha’.

“The judiciary has been given the duty to keep a watch that nobody crosses that limit. If Parliament has the power to make the laws, it should make only in the limits granted under the Constitution. If the State has the right to make laws, it should make only in the limits granted under the Constitution.

“If they are making a law which is out of the limits granted under the Constitution or against the fundamental rights, the judiciary has every right to say that it was wrong.

“Any order which is against the Constitution, judiciary can set it aside to maintain the rule of law,” CJI Thakur said.

Law Minister Ravi Shankar Prasad said 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.

Speaking on the occasion, Attorney General Mukul Rohatgi said “the delicate balance of the Constitution was disturbed in 70s. That balance must be restored.”

The CJI also said that celebrating November 26 as Constitution Day was better than celebrating it as the Law Day.

“The importance of this day is that the Constitution was adopted on this day. So, if we have to celebrate the adoption of the Constitution, it can only be celebrated as the Constitution Day. Celebrating it as Law Day was not important,” he said.