Encroaching powers of other should be fiercely resisted: Law Minister

The apex court had also said that the theory that courts cannot or do not make laws was a myth which was exploded a long time ago

Kiren Rijiju

Union Minister for Law and Justice Kiren Rijiju speaks in the Rajya Sabha during the Winter Session of Parliament, in New Delhi

Press Trust of India Panaji
Law Minister Kiren Rijiju on Monday said attempts by a constitutional wing to encroach upon the powers of the other should be "fiercely resisted" as it posed a great danger to democracy.
Rijiju's remarks at the Commonwealth Law Conference here came days after the Supreme Court ruled that the appointments of the chief election commissioner and election commissioners should be made by the President on the recommendation of a committee comprising the prime minister, the leader of the opposition in the Lok Sabha and the chief justice of India.
The apex court had also said that the theory that courts cannot or do not make laws was a myth which was exploded a long time ago.
"One of the important success story of democracy is a strong constitutional permission which holds for a clear separation of power for the judiciary, executive and legislature. If any wing tries to encroach on the territory of the other wing, it must be fiercely resisted because it poses great danger to democracy itself," Rijiju said.
"Nobody can challenge the constitutional provisions. One should not even attempt to defy the provisions of the Constitution," the law minister said.
Rijiju said the mandate of the people, which has followed due process of law, must be respected at any cost and this cannot be challenged by mere campaign," the law minister said.
Rijiju also said he had seen in recent times that in the name of freedom of expression, attempts have been made to attack democracy itself.
"When we talk about freedom, liberty and constitutional rights, we should not forget about constitutional duties. The duties of a citizen are important," he said.
The law minister said in India democracy cannot be overthrown, because Indians are inherently democratic.
"An attempt was made to impose emergency in 1975, but it was resisted," Rijiju said.
He said all calibrated malicious campaigns to insult the mandate of the people should be exposed and resisted. "In democracy, people are the supreme authority and the Constitution is ultimate guide," the law minister said.

(Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)

First Published: Mar 06 2023 | 10:57 PM IST

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