Clash b/w executive-judiciary will be resolved: Kalam
New Delhi, Jan 7: President A P J Abdul Kalam has expressed hopethat the perceived conforntation between the executive and judiciary,with both accusing each other of ''encroaching'' in each other's spherewould be resolved soon.
''The Constitution has clearly earmarked each one's role andresponsibility. The clashes will soon be resolved,'' the President toldUNI when asked about his view -- as a custodian of the Constitution --about recent incidents of the excutive blaming the judiciary ofencroaching on its sphere of responsibility.
The President's comment comes in view of the government accusingthe judiciary of ''going overboard'' and ''interfering and encroachingupon its decision-making domain and not respecting other Constitutionalinstitutions.'' A recent confrontation between the government and theSupreme Court happened on Friday when both engaged in a war of wordsover the constitution of a Forest Advisory Committee, with the Centredescribing the court as an ''encroacher'' on the executive domain.
The government also charged the court of ''passing orders inviolation of statutory provisions.'' Additional Solicitor General VikasSingh made this charge before the bench headed by Chief Justice Y KSabharwal, while submitting an affidavit on behalf of the Ministry ofEnvironment, terming the panel of experts proposed by theCourt-appointed Central Empowered Committee and Amicus Curiae as abunch of ''lay enthusiasts.'' Mr Singh even charged the court of''going beyond its scope of jurisdication in passing orders contrary tothe statute.'' He also alleged that the court did not respect otherinstitutions and said that ''an impression is being created that thereis distrust between the Centre and the Court.''
The Court was upset with the charges and the Chief Justice told theAdditional Solicitor General that the apex court had been ''dealingwith forest matters for the last 10 years and no Attorney-General,Solicitor-General or Additional Solicitor-General have said anythinglike this in the past and we are hearing this for the first time.'' Ina heated argument between Justice Arijit Pasayat and Mr Singh, JusticePasayat said that he must have ''some responsibilities,'' to which hereplied that he was speaking ''with utmost responsibility.'' ''It showsutmost irresponsibility, and don't utter a single word now,'' JusticePasayat then said.
Countering him, Mr Singh said,'' you cannot gag me like this bysaying it is contempt. Centre has responsibilities and what the Centrehas done is not less than what the SC has done.'' Earlier on thesealing issue, politicians had been blaming the judiciary of infringingon the executive domain. However, this was the first instance when suchcharges were made in the Court itself.
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