Law minister Ravi Shankar Prasad has said that the judiciary should leave the governance of the country to those who have been elected by the people to govern.
“The governance must be left to those elected to govern by the people of India,” the minister said on Friday speaking at a function of the National Human Rights Commission here .
The minister said that while the judiciary can set aside a law which is unconstitutional, it must leave governance and law making to those elected by voters. “Of late, I am seeing a great propensity of certain courts to take over governance…there is a need to reflect upon this trends. They must hold accountability to their power,” Prasad said.
The minister’s comments have come at a time when the judiciary and the government are having differences over the finalisation of the memorandum of procedure for appointment of judges.
The government has been emphasising on retaining its veto on rejecting any candidate recommended for judgeship on grounds of national security. The apex court collegium has, however, insisted that the government must spell out reasons in such circumstances.
Prasad, who was speaking in the presence of NHRC chairman and former Chief Justice of India H L Dattu, said the judiciary must set aside any law which is found to be unconstitutional or any order which is found to be arbitrary. But at the same time, he said, there is a need to recognise the fact that “governance must be left to those elected to govern by the people of India.” The minister was of the view that legislation must be left to those elected to legislate by the voters.