Chief Justice of India T S Thakur Monday said that the onus is on executive if it wants less judicial interference and that the judiciary intervenes only when the executive fails in its constitutional duties.
“Extent of judicial interference in governmental issues depends on how effectively and efficiently the government does its job. Which court would want to intervene if the government works efficiently and sincerely? The courts only fulfil their constitutional duty and need would not arise if the governments do their job,” the CJI was quoted as saying in an interview to ETV News Network at Srinagar.
Days after Union Finance Minister Arun Jaitley claimed in his speech in Rajya Sabha that the judiciary had been encroaching on legislative and executive authority and that “step by step, brick by brick, the edifice of India’s legislature is being destroyed”, the CJI said that if there is neglect and failure on part of government agencies, judiciary will definitely play its role.
“If what should be done to protect people’s rights are not being done, we are constrained to intervene. It is for the government to have a litigation policy so that people are not forced to approach the courts,” the CJI said in his interview.
The network quoted CJI in its release as saying: “The governments should do their job instead of hurling the accusations and the people turn to the courts only after they are let down by the executive.”
On dealing with the huge vacancies in judiciary, Justice Thakur was quoted as saying: “I have requested the PM on several occasions and am sending a report on the same issue to the Centre too.”
In April while speaking at the conference of Chief Ministers and chief justices of high courts, CJI Thakur had made an impassioned appeal to the government to help upgrade judicial infrastructure and start addressing the glaring problem of shortage of judges. These, he had said, were vital to the country’s future given the government’s emphasis on flagship initiatives such as “Make in India and Invest in India”. The CJI had added that the country needed at least 40,000 more judges to deal with the pendency.
But Union Law Minister D V Sadananda Gowda had later disputed the number cited by Justice Thakur, claiming there was neither any scientific basis nor empirical data to support the view that 40,000 judges were actually required.