Separation of powers binding on judiciary too: Government

New Delhi: The central government said on Wednesday that separation of powers is as binding on the judiciary as it is on the other pillars of the State.

"Separation of power is binding. If it is binding on all, it is equally binding on the judiciary," Union Law Minister Ravi Shankar Prasad told the Lok Sabha while responding to supplementaries during the Question Hour.

The minister`s remarks came after some of the members raised concerns over the Supreme Court`s recent verdicts on medical entrance and cricket administration and also claimed that the apex court was getting into the domain of law-making, which is the right of Parliament.

The government also said if the country can trust the Prime Minister with the nuclear button, why cannot he be trusted for appointing excellent people as judges through his Law Minister.

Bharatiya Janata Party member Sanjay Jaiswal sought to know from the government under such circumstances, how would the supremacy of Parliament be maintained.

Prasad refused to comment on the court verdicts but said that in the Kesavananda Bharati vs State of Kerala judgment, the apex court had clearly laid out separation of powers between the three pillars of the State.

"Legislature will formulate law, the executive will execute it and the judiciary will interpret the law," Prasad said.

The minister expressed concern over the pending cases in lower courts, but also claimed that pending cases in High Courts and the Supreme Court has reduced since the new government took office.

CPI-M member Mohammad Saleem sought to know from the minister whether the government has any plan to live telecast the court proceedings.

Responding to him, Prasad said the idea is considerable and can be discussed.

"Definitely it will create a psychological pressure but there were also logistical problems involved," he said.

Prasad said that the live telecast of Parliament proceedings was easy as there were only two houses, but it was difficult to do so in several thousand courtrooms.

To a question by Congress member K.H. Muniappa about appointment of judges, Prasad said the house needs to debate on why the law minister of the country cannot be part of the appointments of judges.

Prasad said, "If the country can trust the Prime Minister with the nuclear button, if he can be trusted over appointment of Chief Vigilance Commissioner, the three chiefs of armed forces, why can`t he be trusted for appointing people as judges through his law minister?"