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Encroachment will set a bad precedent and weaken institutions; VP
Public confidence in institutions must not be eroded;
Justice Krishna Iyer’s eminence and scholarship in jurisprudence is unquestionably second to none;
Justice Krishna Iyer’s life as an MLA, Minister, Lawyer, Jurist, Human Rights Crusader has been inspirational to all of us.
The Vice-President, Shri M. Venkaiah Naidu today cautioned against upsetting the delicate balance of powers between the executive, judiciary and legislature saying that encroachment by one organ into the domain of another would set bad precedents and weaken the institutions.
He was addressing the gathering at a function to commemorate the 104th birth anniversary of Justice V R Krishna Iyer organized by Capital Foundation here. On the occasion, he also presented Life-Time Achievement Award to former Union Minister, Dr. Murli Manohar Joshi, Justice Kuldip Singh Award to former Supreme Court Judge, Vikramjit Sen and National Award Dr. Gunna Rajender Reddy, a well-known Gandhian and Chairman of AP & Telangana Gandhi Global Family. The awards were instituted by Capital Foundation.
He said: “ While much can be said for and against judicial activism, I feel that the delicate balance of powers between different wings should not be disturbed”.
Observing that the founding fathers of our Constitution had clearly demarcated the roles and responsibilities of the executive, judiciary and the legislature for the smooth functioning of our democracy, he pointed out that over the years our institutions have stood the test of the time. “There has been no major conflict or friction among the three organs and this mutual respect for each other’s powers, roles and responsibilities has acted as a fulcrum in strengthening our democracy”, the Vice President asserted.
Expressing confidence that the same healthy trend would continue in future, Shri Naidu stated that any confrontation, interference or overstepping by any organ would be detrimental to the growth and progress of our country.
To buttress his viewpoint, the Vice President also quoted Justice Krishna Iyer, who in 2007 had stated: “There is a case today for amity among the trinity of state instrumentalities and better coordination among them in civilizing the justice process.More coordination among the troika in civilizing the justice process is welcome.”
Shri Naidu said “It should be our concern and collective endeavor to strengthen judiciary, legislature and the executive, not weaken them. We should ensure that the public confidence is not eroded in these institutions”, he added.
Declaring that the institutional structures established over the years were intended to translate the vision of our Constitution-makers into tangible reality, the Vice President observed that they needed to be constantly nourished through a far-sighted, liberal leadership.
Stating that we are at the cusp of India’s transformation into a major economic power, he affirmed that the judiciary can play a critical role in accelerating India’s transformation and in ensuring that justice is delivered speedily, transparently and dispassionately.
While referring to ‘overburdened’ judiciary with cases at all levels, the Vice President pointed out that the huge number of vacancies was one of the main reasons for it.
Calling for stepping up the pace of reforming the legal system, Shri Naidu suggested that the judiciary and the legislature must get together to ensure “ there is a hastened, transparent process of filling up all the vacancies by recruiting persons with the right credentials”.
Expressing his great appreciation for Justice Krishna Iyer, the Vice President said that Justice Iyer’s eminence and scholarship in jurisprudence is unquestionably second to none. He added that Justice Krishna Iyer’s illustrious career was so diverse that he faced challenges and at the same time had opportunities to reform the society.
Shri. Naidu said that Justice Krishna Iyer wrote many judgments that had positive effects on social order and added that his life as an MLA, Minister, Lawyer, Jurist and Human Rights Crusader has been inspirational to all of us.
Eminent jurist Fali S Nariman presided over the event, which was attended by legal luminaries and others.