This Article is From Jul 13, 2013

Judiciary can only enforce laws, not make them: Justice Markandey Katju on Supreme Court's order on convicted lawmakers

Judiciary can only enforce laws, not make them: Justice Markandey Katju on Supreme Court's order on convicted lawmakers
Jaipur: Press Council of India Chairman Markandey Katju today expressed reservation over the recent Supreme Court verdict barring convicted lawmakers from contesting polls, saying it should be reviewed as "the judiciary cannot make laws".

"I have some reservations over this judgement. It should be reviewed. Making laws is the work of the legislature. The judiciary can enforce laws but cannot make a law. Here I feel that the judiciary did the work of the legislature," Mr Katju told reporters on the sidelines of a function in Jaipur.

The retired Supreme Court judge said that the Constitution of India separates the powers of the judiciary, the legislative and the executive and added that no organ should interfere in the others' work.

The Supreme Court on Wednesday had ruled that an elected representative convicted of a crime cannot continue in office, even if he appeals to a higher court.

The apex court said that conviction will lead to instant disqualification of the lawmakers from the date of their conviction.

The court struck down Section 8(4) of the Representation of the People's Act, 1951, which protects convicted lawmakers against disqualification on ground of pendency of appeal against their conviction in higher court.

Earlier, speaking at a seminar, Katju said the media should play a constructive role and guide the people in the "current painful phase", where people are facing problems of inflation and unemployment.

It was a "bitter truth" that despite availability of ample opportunities for development and growth, 80 per cent of population in the country was poor, he said.

"The country today is passing through a painful period. Ample opportunities for growth are there but still 80 per cent people are poor. Poverty is a bad thing and the media industry, which deals in the area of ideas and not commodities, should play its role to guide people," Mr Katju said.

The seminar was organised by the All India Small and Medium Newspapers' Federation in Jaipur.

Later, Rajasthan Education Minister BK Sharma reiterated Mr Katju's stance. "The media should play a constructive role and should guide the society," he said, adding, "Some elements in the industry also commit illegal acts like blackmailing and this should be stopped."
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