Rajya Sabha Congress MP Shantaram Naik on Tuesday accused courts of “overreach” in regard to powers of executive and legislature.
Addressing a press conference here on Tuesday, Mr. Naik was speaking in context of the State government’s stand over the private forests following directives of the Supreme Court. As per the guidelines of the Supreme Court in this regard, a huge area of the tiny State of Goa will have to be declared as forest area and as such it will invite a major problem for the people of the State, Mr. Naik said and, therefore, urged the State government to come out with a legislation to resolve this situation.
As regards private forests, Mr Naik said that there is no need for following any directions of the Supreme Court in this regard, but State government can amend Forest Act 1927 after due consultations with the people.
“Court cannot dictate to the Government, be it Central or State, in the matter of enacting legislations”, Mr Naik reiterated.
When asked if the guidelines in this regard by the Supreme Court are not binding on the government, Mr. Naik, a former Chairman of the Standing Committee of Parliament on Personnel Public Grievances, Law and Justice said that he never meant that, but was firm in his belief that it is not for the courts to make laws, it is for the legislature to do it and for executive to implement the same.
“Courts are there to scrutinise and check any violation of fundamental rights of citizens. If courts have to run the administration then you better throw the governments out,” remarked Mr. Naik.
When pressed to know if that meant that the courts were indulging in an overreach as regards the powers of legislature, Mr. Naik answered in affirmative and said not only as regards legislature but as regards powers of executive also.
He said that even during his tenure as Chairman of the Standing Committee of Parliament on Personnel Public Grievances, Law and Justice, he had taken a firm stand on this issue and was opposed to usurping of each others powers by any of the three pillars of democracy’.
“Will Courts allow the Prime Minister to pass a judgement on an issue before them?” wondered Mr. Naik.
When asked where the citizens go, if not approach courts, when executive and legislature fail to deliver, Mr. Naik said “that was a different matter.”