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Front Page
Legal Correspondent
AT THE SUMMIT: Chief Justice of India-designate K.G. Balakrishnan with his mother Sarada in New Delhi on Saturday. He assumes office today. PHOTO: AFP
New Delhi: Chief Justice of India-designate K.G. Balakrishnan on Saturday made it clear that all concerned including the State Governments were bound to implement the Supreme Court's orders. Talking to presspersons here a day before taking over as the CJI, he said, "under the Constitution, the States are bound to implement the directions. There may be some practical difficulties in executing the directions. But that cannot be a ground for not implementing the orders." He was answering a question what should be done if the governments, as parties to inter-State disputes, did not obey the directions.
`Unfortunate incident'
On the reported fight between Justice B.J. Sethna and Justice P.B. Majumdar of the Gujarat High Court, he said, "It is an unfortunate incident. We are looking into the report of the Chief Justice of the High Court. Whatever action is required will be taken based on the report." Mr. Justice Balakrishnan said he would not subscribe to the view that the judiciary was encroaching on the domain of the legislature. "I don't think there is a confrontation. It is not a serious problem. We are only concerned about the Constitution. They are concerned about the legislation. So many political matters come before the court and they are decided on the basis of the legal principles." The recent judgments in the Ninth Schedule and cash-for-query cases should not be taken as confrontation. Asked whether the Supreme Court would yield to the demand for "quotas in the judiciary," he said, "It is not a business of the Chief Justice to propose quota." Top priority would be given to speed up disposal of pending cases, particularly those relating to undertrials, senior citizens and old matters. "The Justice Malimath Committee recommendations will be implemented stage by stage to bring about reforms in the criminal justice system." Priority would be given for resolving disputes through the Alternative Disputes Redress mechanism wherever possibleto prevent clogging of cases at the magisterial level.
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