New Delhi: Chief justice of India Dipak Misra said on Saturday that “co-operative Constitutionalism" which aims at striking a balance between executive, legislature and judiciary, must be promoted to realize the hope and aspirations of our Constitution.
“There is a perception that there is judicial activism. I must clarify protection of fundamental rights guaranteed by our Constitution is the sacrosanct duty of judiciary… which cannot be abandoned," he said.
There is no desire to enter policy making, chief justice Misra added.
Misra was speaking at the inaugural session of an event organized by the Law Commission of India and Niti Aayog to celebrate National Law Day.
The theme for the celebration was “Interface between three wings of state i.e. Executive, Legislature and Judiciary towards developing of our nation, based on the theme of inclusiveness, development and justice to all."
President Ram Nath Kovind, speaking at the event, laid stress on ensuring speedy justice, updating legal and regulatory framework in India and promoting legal literacy. “Presently, there are 1,800 laws that need to be repealed as they have become obsolete. 1,200 laws have already been repealed," he said.
All three organs of governance are responsible for the high number of pending cases before courts in India, said Sumitra Mahajan, speaker of Lok Sabha, while addressing the gathering. She also suggested a review of the collegiums system for appointment of judges in higher judiciary.
“If judicial independence is a pillar of our democracy, then judicial accountability is the base of that pillar. Without accountability there can be no legitimacy," remarked P.P. Chaudhary, minister of state for law & justice, at the event. “A strong and independent judiciary is necessary for everyone. We must do everything possible to preserve the moral authority and legitimacy of our judiciary," he further said.
Ex-chief justices of India, Supreme Court judges, chief justice of high courts and dignitaries from across the ministries marked their presence at the event. Various senior advocates and law officers were also present.
Since 1979, 26 November has been celebrated as National Law Day every year.
In 2015, the government of India notified 26 November as Constitution Day to commemorate the adoption of Constitution of India in 1949.