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Jaitley hits out at judiciary, says it must draw ‘Lakshman Rekha’

Raising concerns over judicial overreach yet again, Finance Minister Arun Jaitley on Monday made it clear that the judiciary must draw its own “Lakshman rekha” and not take decisions, which fall in the domain of the executive.

He underlined that activism has to be blended with restraint and there cannot be a compromise with other aspects of the basic structure in the name of independence of the judiciary.

“Judicial review is the legitimate domain of judiciary, but then a Lakshman Rekha has to be drawn by all institutions themselves. Lakshman Rekha is vital,” he said, asserting that “the executive’s decisions are to be taken by the executive and not the judiciary”.

 Replying to questions during an interaction at the Indian Women’s Press Corps (IWPC) in New Delhi, Jaitley said there were different kinds of recourse and “layers of accountability” available when the executive took decisions. He said people have the option of seeking changes in the decision taken by the executive, besides voting out the government.

The courts can strike down a decision taken by the executive, if it is found to be unconstitutional. But all these options are not available when the court ends up taking executive’s decisions, Jatiley argued.

“Courts cannot substitute the executive and say I will exercise the executive’s power. If you do so the three options will not be available, which are there when the executive takes its decisions,” he said.

Jaitley was asked about his recent remark that the judiciary had been encroaching upon the powers of the legislature and the executive. He also referred to protests by many states over the Supreme Court’s decision on the National Eligibility Entrance Test (NEET) and asserted that what should be the manner of holding the examination across the country is essentially an executive matter as it is in policy domain.

Indicating that the government might take executive’s decision, Arun Jaitley said talks were being held with states on the Supreme Court’s order regarding a common medical entrance test.  
Jaitley also spoke on the ongoing tussle between the judiciary and the executive. “What is the manner in holding examination for entry to medical intuitions across the country is essentially an executive matter. It is in the policy domain,” he said.

The Supreme Court had recently ruled that the NEET would be the only test for admission to medical courses in India, turning down an appeal by states to hold separate medical entrance exams.

 “A few cardinal principles have to be borne in mind. Fairness and integrity of the examination process should be maintained at all cost. The Supreme Court and our view is the same on this. At the same time, a fair opportunity should be given to all across the country to compete for these examinations,” Jaitley said.

He added: “The states are of the view that state boards are unequal. Also, their languages are dissimilar. Can those, who are unequal and dissimilar, be asked to compete on the same pedestal? I think this matter is now in the executive domain. The Supreme Court has given its judgment, but I think we have to look into it.” 

Replying to a question on the tussle between the judiciary and the executive, Jaitley said, “Independence of judiciary is extremely important and adds to the basic structure of democracy, but primacy of the legislature has to be there in matters under its domain. Executive decisions have to be taken by the executive and not by the judiciary.” 
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