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Making laws is Parliament’s job, MPs’ panel tells courts

HT Correspondent, Hindustan Times  New Delhi, April 25, 2013
First Published: 23:52 IST(25/4/2013) | Last Updated: 23:56 IST(25/4/2013)

A parliamentary panel on Thursday opposed the trend of courts imposing their judgments as guidelines to be followed by the government till the parliament makes a law on a particular subject, saying it amounts to infringing on the powers of the legislature.


Chairman of the parliamentary standing committee on law and justice, Shantaram Naik said judicial activism was justified to a point, but the courts must not cross the line when it came to enacting laws.

“If due to any reason the government fails to make a law to cover what is in the guidelines, then such guidelines remain for years in the form of judgment. How far is this fair? It means the power of legislation has been taken over by the courts in this form,” Naik told reporters.

Naik said following the 1993 Supreme Court judgment, the collegium system was created and judges took the power from the executive to appoint judges in the Supreme Court and high courts.

He was also critical of the courts setting up empowered committees, like the one on environment, to monitor the tasks given to them by courts.

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