Exec has substantial emergency powers, but courts responsible to protect citizens' right: SC Judge

Emergencies vest substantial power in the executive as increased government action may be necessary to preserve public health, Supreme Court judge Justice D Y Chandrachud has said, while emphasising that it is the court's responsibility to protect the rights of citizens, ensure accountability and the rule of law.

Justice Chandrachud's observations during a webinar,organised by students of the NALSAR University of Law, Hyderabad, assume significance in view of the fact that SCBA president and senior advocate Dushyant Dave and few others have questioned the role of judiciary during the pandemic.

The judiciary was failing in its duty to hold the executive accountable, Dave has recently said, adding, Nobody wants the judiciary to interfere in the daily functioning of the executive but the it must hold the executive answerable."
"However, irrespective of government actions and restrictions, it is the court's responsibility to protect the rights of citizens, to ensure governmental accountability and the rule of law."
On measures taken after the 'lockdown' was announced, he said as the criminal justice system cannot function without courts, the top court "directed suspension of the limitation period under all general and special laws from 15 March 2020 to combat the difficulties faced by the litigants in approaching the courts."