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SC judge favours consensus between legislature, judiciary

PTI | Last Updated: Saturday, December 21, 2013 - 22:23

New Delhi: In the context of criticism of judicial activism, Supreme Court judge Vikramajit Sen on Saturday said there was a need for a broad consensus between legislature and judiciary in the interest of growth and governance.

Sen also expressed surprise over criticism by some Cabinet ministers on the apex court`s verdict on gay sex.

"For some years now the judiciary has been criticised by the executive for activism and trenching upon the powers of the latter. It would be dishonest for me to say that this charge is entirely baseless," he said.

"In my judgements, however, I have always taken a perspective about the boundaries to which a judge can travel but may not transgress," Sen said while speaking at the Annual General Meeting of industry body Ficci here.

He said that statements made by some Cabinet ministers in the context of Section 377 of the Indian Penal Code are somewhat surprising.

According to him, it is right to say that Parliament has the right to remove or amend this provision or other provisions of the law and yet the Supreme Court has taken this position and it is invariably criticised.

"It therefore becomes imperative in the interests of growth and governance to reach a broad consensus of the functioning of the legislature and the judiciary," Sen said.
Earlier this month, the Supreme Court upheld the constitutional validity of the penal provision making gay sex an offence punishable with upto life imprisonment.

First Published: Saturday, December 21, 2013 - 22:23

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