CJI: Executive’s tendency to ignore court orders a worry    Dhananjay Mahapatra / TNN / Dec 27, 2021,

unless there is cooperation and assistance from both the executive and legislature, justice to people cannot be ensured by the judiciary single-handedly.

 “A popular majority is not a defence for arbitrary actions taken by a government. Every action is mandatorily required to comply with the Constitution. If the judiciary does not have the power of judicial review, then the functioning of democracy in this country would be unthinkable.”

“Courts do not have the power of the purse or the sword. Court orders are only good when they get executed. The executive needs to assist and cooperate for the rule of law to prevail in the nation. However, there appears to be a growing tendency to disregard, and even disrespect court orders by the executive,” the CJI said.

“There is a need to liberate the institution of public prosecutors. Total independence must be granted to them and to make them answerable only to the courts. Historically, prosecutors in India have been under the control of the government. Hence it is not a surprise that they do not act independently. They do nothing to prevent frivolous and non-deserving cases from reaching the courts,” he said.

Full lecture: https://www.youtube.com/embed/5f15_-vtz4E?start=1565&end=3185 &

https://www.youtube.com/embed/5f15_-vtz4E?start=4058&end=17549  

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