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.

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    Satyamev Kahte
    Nov 26, 2016 at 3:07 pm
    Now the Feku propaa and lies machine will turn this brave soul, which cares about the well-being of democracy in this nation, into a villain.
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      Van
      Nov 26, 2016 at 5:25 pm
      He is a Corrupt man, who bailed out many corrupt individuals. He is trying to induct many corrupt and criminal individuals into the system.
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        ashis
        Nov 26, 2016 at 6:15 pm
        Current tyrannous govt is fighting on every front. With neighboring states inside with other political parties, with common people by demonizing, now with judiciary. Ye sare log bure hein, akela govt. sahi he ya vice versa. Impeach these demons and war mongers. send them to kala pani. Modi Murdab*d
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          Subramanian Chandramouli
          Nov 26, 2016 at 5:52 pm
          Yes. No organ including judiciary shall cross lakshman rekha particularly where it has umed supreme power not envisaged even by consution makers, but is responsible to none but elected legilsature/govt is answerable and accountable to the ultimlegislature, the people every fivev years.
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            shekhar
            Nov 26, 2016 at 6:06 pm
            Do they wear high heel !!! Seems like they do. They are hire hand of indian citizens NOT Their MAHARAJA - SHEHNSHAH, THEY SHOULD BEHAVE TO UPHOLD CONSUTION NOT MAKE NEW ONE OF THEIR LIKING. Result of case inside of LAW. Appointment should be in people's court by 60% of Parliament vote to the supreme court
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              shekhar
              Nov 26, 2016 at 5:22 pm
              How come this moron become cj of india? Instead of impamenting law of land (😉 consti) he want create of his liking. India should stop appointing judges from within.
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                dd
                Nov 26, 2016 at 2:46 pm
                This Congo appointed Dog is trying to create panic ...
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                  Franky
                  Nov 26, 2016 at 6:45 pm
                  So SC do your duty hold the Govt responsible for the mess in the country and do your duty and dismiss the Govt and appont Arvind Kejriwal the PM, Baba Ramdev Health Minister, Subramanuam Swamy Finance Minister, Minister of state of finance Vijay Mallya, Dhidi Defence Minister, Behn Mayawati Hotels Minister Taj Corridor, Amma Jayalalita Corruption Minister, Lalu Yadav Agriculture Fodder Minister, Raja Telcom Minister, Uma Bharati Animals and Cow Rakshak Minister, Modi Minority Minister. This Unity Govt will be good for India
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                    Gopal
                    Nov 26, 2016 at 11:15 pm
                    CJI hasn't found one wrong thing with the judiciary, while criticizing everybody else. Somehow, he has missed the contradictory judgments, the mive case pile up, the docket manition and the incompetence in the judiciary that is visible to all.
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                      Kamlesh Pant
                      Nov 26, 2016 at 4:33 pm
                      Supreme court should do necessary reform to deliver timely justice. RTI should be introduced to know personal wealth of judges and they should be accountable to people of india. Most of judge treat themselves as lord and common people as second cl citizen. What supreme court done to people held in jail for years for small crimes.
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                      1. K
                        Kishor Harilal Jani
                        Nov 26, 2016 at 4:45 pm
                        Give justice in time to victims of rapes and murders.
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                          S. Kumar
                          Nov 26, 2016 at 4:35 pm
                          A judge aspirant did a on a Congress minister. 'Your Honour'? Lol.
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                            Raghu
                            Nov 26, 2016 at 6:03 pm
                            Now RSS/BJP will try to spread the lies that CJI Thakur is Congressi, Communist, stani, anti-national, Muslim, christian, corrupt, anti-RSS or plain evil villain out to set road blocks in the way of Hindutva rashtra, where M-nu Smriti rules.
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                              PURUSHOTTAM
                              Nov 27, 2016 at 9:28 am
                              Judiciary also to do it's job and not poke it's nose in executive branch job.lt;br/gt;Of course executive also improve and should not give opportunity to intervene.lt;br/gt;Very simple fact is that if you allow others to poke their nose in your job you are doomed.
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                                Vihari Naidu
                                Nov 26, 2016 at 3:09 pm
                                Supreme Court is not just the Apex Court but also the defender of Indian Consution. When Public Interest is at stake due to Tughlaq firmans, then SC is bound to declare them UnConsutional.
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                                  rahul
                                  Nov 26, 2016 at 3:47 pm
                                  Every insution needs accountability. Is that the reality today?
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                                    rahul
                                    Nov 26, 2016 at 3:51 pm
                                    You make it sound as if you are on that chair...
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                                      David
                                      Nov 26, 2016 at 3:32 pm
                                      Justice Takur is taking unnecessary liberties and politicizing. Where was this gentleman all these years.
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                                        David
                                        Nov 26, 2016 at 3:29 pm
                                        The elected people's servants aka MPs are the law makers and the oppointed judges are impartial arbitrators. Parliament is supreme where people's elected servants/MPs make laws or amend.
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                                          Shyam
                                          Nov 26, 2016 at 10:31 pm
                                          Ex-PM Dr Manmohan ji said it right. Demonetization - It's organised loot and legalized per.
                                          Reply
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                                            Tony
                                            Nov 26, 2016 at 4:11 pm
                                            for each adjournment judges should be made accountable. so many cases are simply adjourned without verifying whether both the parties are present are not. if one party was not present for hearing they should be given stern warning that the case will be decided ex-parte for second time absence. advocates now take court for granted and the judges also heed to such acts by allowing innumerable adjournments without proper reason.
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