Judiciary Can't Perform Task of Executive, Says Arun Jaitley

New Delhi: Finance Minister Arun Jaitley on Thursday said courts cannot perform the functions of executive and the independence of the two will have to strictly maintained.

Jaitley said if executive fails to perform its function, courts can direct it to do so but it cannot take over the executive function.

"Let's first of all be clear about two basic facts. Fact one, independence of judiciary is certainly required and must be maintained at all cost. Fact two, judiciary unquestionably has the power of judicial review. I don't think anybody has power to dispute that. It is essential for democracy," he said.

Stating that the argument that judiciary steps in when executive does not act was a "questionable proposition", he said, "when the executive does not act judiciary can tell and direct the executive to act. But the judiciary cannot perform executive function. Executive function has to be performed by executives".

"The Parliamentary function has to be performed by Parliament, nobody else can pass or approve a Budget. The executive function has to be performed by the executives. Courts cannot perform an executive function. It can direct the executive to perform its function, if it is not acting," he said.

Jaitley's comments came close on the heels of Chief Justice of India TS Thakur asserting that judiciary intervened only when the executive failed in its constitutional duties.