Don’t disturb separation of powers, says President

New Delhi: Asserting that all the three branches—judiciary, legislature and Executive—are equal, the President Ram Nath Kovind on Sunday said that the delicate balance of separation of powers among the three branches should not be disturbed.

Speaking at the Law Day celebrations here at Vigyan Bhavan, the President said that it is critical to keep this intricate and delicate balance in mind when exploring the relationship between the three branches of the state. Law Day is observed on November 26 every year when the Constitution was adopted in 1949 on this day. The Constitution came into force from January 26, 1950.

The President said the three branches are all equal. They should all be conscious of their liberty and strive to protect their autonomy. He cautioned that they should be careful not to disturb the fraternity of the separation of powers by even unknowingly intruding into the domain of either of the two other branches.

Pointing out that every branch has a certain responsibility under the Constitution, the President said they should fulfill their obligations in the spirit of the Constituent Assembly, which framed the Constitution. He said sobriety and discretion in communication between the three branches is also extremely advisable. This will promote and enhance fraternity among the three branches. “It will also reassure the ordinary citizen that the Constitution is safe – and in mature hands”, he said and recalled the role played by Dr. Ambedkar in drafting the constitution.   

Our fundamental commitment must continue to be to take the values of our Constitution – and the fruits of our social, economic and political development – to the very grassroots of our society. For this we must make constant efforts to raise standards of subordinate institutions and bring them at par with apex institutions in all spheres. The legislative sanctity of Parliament is important. But so is that of every gram panchayat. And this must demand attention from each one of us.

On the role of higher judiciary, he said “perhaps the greatest challenge is before the higher judiciary. It is in its mandate to bring justice closer to the people. The High Courts need to take up the task of quickly providing certified translated copies of judgments in local and regional languages. Even the hearings in court, if possible, have to be in a language that is understandable to the ordinary litigant. The process of case disposal too has to be made faster.”

On the arrears in courts, he citing the instance of Jharkhand high court and said “I am glad to note some High Courts are taking steps in these directions. As of June 30, 2017, there were about 76,000 old cases, pending for five years or more, in sessions and district courts under the High Court of Jharkhand. The High Court has set a target of March 31, 2018, to dispose of almost half these cases.”

Further, the President said it is upto the higher judiciary to mentor and encourage the lower judiciary. In this, the cooperation of state governments is very much necessary. It is for state governments to ensure that the district and subordinate court judges are not denied their due perquisites and facilities. And it is for the High Courts to urge subordinate courts to be more efficient and conclude cases faster. I appreciate that this concern is close to the heart of the Chief Justice and the other Judges of the Supreme Court.”