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Ownership is a very complex judicial concept.

Kapil Sibal

Kapil Sibal

ComplexConceptJudicialOwnershipVery

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The overreach of the judiciary can be attributed to, one, the inability of the executive to deliver; and two, the tendency to issue judicial pronouncements for national good. The second element is dangerous because that's the function of the government.
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Judges decide upon copyright law. They decide upon trademark law. They decide upon scientific issues. They decide upon very complex technical issues on a daily basis. So you must have confidence in the Supreme Court, that they will apply their mind and they will come out with a decision consistent with the Constitution.
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Just as judges have enormous stake in the appointment of judicial officers in the higher judiciary, the government has an equal stake. Since both of us have stakes in the appointment of members of the higher judiciary, the consultation of both of them is absolutely necessary. The government must have a say.
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Public interest is a very unruly horse.
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