NEW DELHI: Drawing the line between judiciary and executive, Finance Minister Arun Jaitley today said courts cannot perform the functions of executive and the independence of the two will have to strictly maintained.
Jaitley said if executive fails to perform its function, courts can direct it to do so but it cannot take over the executive function.
Speaking at the ‘Indian of the Year 2015’ awards of CNN News 18, he said if the judiciary fails to act, the executive cannot take up that role on the plea that there are mounting pending cases. Similarly, courts also cannot take over executive function.
“Let’s first of all be clear about two basic facts. Fact one, independence of judiciary is certainly required and must be maintained at all cost. Fact two, judiciary unquestionably has the power of judicial review. I don’t think anybody has power to dispute that. It is essential for democracy,” he said.
Stating that the argument that judiciary steps in when executive does not act was a “questionable proposition”, he said, “when the executive does not act judiciary can tell and direct the executive to act. But the judiciary cannot perform executive function. Executive function has to be performed by executives”. (AGENCIES)
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