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Q.

Chief Justice of India S H Kapadia says judges should not try to govern the country or evolve policies and they should only apply the enforceability of constitution. He said this keeping in mind any possible conflict between the government and the judiciary? Your views?

Tags: news & events, politics & government, law & legal
Asked by Good Citizen, 26 Aug '12 02:08 pm
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Answers (4)

 
1.

Many a times, judicial activism had resulted in a stand off between the Executive and the Judiciary. It is not a desirable situation and I think the observation of the Hon Chief Justice was to thwart the occurence of any such situations.. Any law that i unconstituitional will be struck down by the Hon Supreme Court. Hence ensuring enforcement of the law of the land by the Courts appears to be a wise advice. Interference with governance unless ultra vires of the constituition is unwarranted.
Answered by thampy chacko, 26 Aug '12 08:12 pm

 
  
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2.

He is right in THEORY but what about the practical aspect of it
Answered by iqbal seth, 26 Aug '12 02:44 pm

 
  
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3.

Ok ~~ law should not meddle with governance. Who will ask to stop corruption !!
Answered by Mrinalendra Banerjee, 26 Aug '12 02:12 pm

 
  
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4.

It doesn't make sense to enforce a constitution which is flawed. and about conflict, there is should be some system which can keep government in check.
Answered by up front, 26 Aug '12 02:10 pm

 
  
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