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Instead of Questioning Judicial Autonomy, Here's What Govt Should Do

Former Allahabad High Court Chief Justice writes on Vice President Dhankar's remarks on "judicial interference."

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During the 83rd Conference of All India Presiding Officers, Vice President of India Jagdeep Dhankhar, Lok Sabha Speaker Om Birla, and Rajasthan Chief Minister Ashok Gehlot made scathing remarks on the alleged interference of the judiciary in the functioning of Parliament and asked it to operate within constitutional limits.

Criticising the well-established principle of the basic structure of the Constitution that was propounded by the Supreme Court 49 years ago, the Vice President went to the extent of saying that judicial review of decisions made by the legislature cannot be allowed.

He further spoke of the National Judicial Appointments Commission (NJAC) and how the judiciary "ran it down." Similar statements were made by Birla and Gehlot.

These statements only go to show that the legislature is trying to control the judiciary, especially the process of appointments, by setting aside all the contradictions and differences within it. 

Even while proposing the NJAC, the legislature had shown unexpected unity, and without proper debate, made a law that was interfering with the autonomy of the judiciary. 

The legislature would do well to remember that although our constitution accepts the principle of separation of powers, it also contains provisions for judicial review of legislative decisions.
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