Jaipur: Vice President and Rajya Sabha President Jagdeep Thank you And Parliament speaker About Birla Wednesday came out strongly against “judicial oversteps” in legislative matters, noting that just as legislatures cannot pass judicial decisions, judges themselves must refrain from the task of making laws.
Addressing the 83rd Conference of Presiding Officers, Dhankhar referred to the 1973 Kesavananda Bharati case judgment, which held that ParliamentThe powers to amend the Constitution are restricted and do not extend to altering the “Basic Structure”, setting a bad precedent by seeking to establish judicial supremacy.
“Parliamentary sovereignty and autonomy cannot be qualified or allowed to be compromised as it is quintessential for the survival of a democracy. No institution can use power or authority to nullify the mandate of the people. It is the obligation of Parliament and legislatures to protect the sovereignty of the people,” he said, clarifying that his remarks against the SC judgment striking down the NJAC Act reflected a deep resentment against what he considered judicial redundancy.
speaker Birla Briefly mentioning the subject, he said that the judiciary should respect the sanctity of legislative bodies. “This is a serious issue and the organs of a constitutional democracy must perform their designated roles. Constitutional bodies should refrain from activism and stick to their responsibilities,” he said.
Dhankhar had earlier raised the hackles of the judiciary by criticizing the SC judgment quashing the National Judicial Appointments Commission (NJAC), which sought to end the collegium system for appointments to the higher judiciary. On Wednesday, the Vice President revealed that he refused to entertain the Attorney General when he wanted to summon him from the SC bench to convey the message that constitutional authorities should refrain from making statements on the judiciary. He said, “I cannot be a party to weaken the power of the legislature.”
The comments made by the Vice President about the role of the judiciary and the repeated references to the Supreme Court judgment on striking down the NJAC Act passed by Parliament have been interpreted by some circles as precursors to another possible attempt by the government to end the exclusive has been done in It is said that the Supreme Court has made appointments to the constitutional courts.
Moving on to the Kesavananda Bharti case, Dhankhar said that in a democratic society, the “core” of any “basic structure” should be the supremacy of the people’s mandate. “Thus the primacy and sovereignty of the Parliament and the legislature are inviolable,” he said.
The Vice President said that all constitutional institutions – the judiciary, the executive and the legislature – needed to confine themselves to their respective spheres of work and conform to the highest standards of decorum and decency. “The present scenario in this matter demands serious attention by all concerned, especially the operators of these institutions,” he added.
He said that the power of Parliament to amend the Constitution and deal with legislation should not be subordinated to any other authority.
“It is the lifeline of democracy. I am sure it will engage your thoughtful consideration,” Dhankhar said as he mentioned one of the key issues – the need to maintain a harmonious relationship between the legislature and the judiciary as per the spirit of the Constitution – is to be discussed by the chairmanship officials.
Once again referring to the SC judgment on the NJAC Act, he reiterated, “A history of sorts was created in Parliament with regard to the NJAC Act. There was complete unanimity in the Lok Sabha. There was not a single voice of protest. The House of the People voted unanimously in favor of this constitutional amendment. This exercise crystallized into a constitutional prescription with the assent of the President under Article 111 of the Constitution.
Addressing the 83rd Conference of Presiding Officers, Dhankhar referred to the 1973 Kesavananda Bharati case judgment, which held that ParliamentThe powers to amend the Constitution are restricted and do not extend to altering the “Basic Structure”, setting a bad precedent by seeking to establish judicial supremacy.
“Parliamentary sovereignty and autonomy cannot be qualified or allowed to be compromised as it is quintessential for the survival of a democracy. No institution can use power or authority to nullify the mandate of the people. It is the obligation of Parliament and legislatures to protect the sovereignty of the people,” he said, clarifying that his remarks against the SC judgment striking down the NJAC Act reflected a deep resentment against what he considered judicial redundancy.
speaker Birla Briefly mentioning the subject, he said that the judiciary should respect the sanctity of legislative bodies. “This is a serious issue and the organs of a constitutional democracy must perform their designated roles. Constitutional bodies should refrain from activism and stick to their responsibilities,” he said.
Dhankhar had earlier raised the hackles of the judiciary by criticizing the SC judgment quashing the National Judicial Appointments Commission (NJAC), which sought to end the collegium system for appointments to the higher judiciary. On Wednesday, the Vice President revealed that he refused to entertain the Attorney General when he wanted to summon him from the SC bench to convey the message that constitutional authorities should refrain from making statements on the judiciary. He said, “I cannot be a party to weaken the power of the legislature.”
The comments made by the Vice President about the role of the judiciary and the repeated references to the Supreme Court judgment on striking down the NJAC Act passed by Parliament have been interpreted by some circles as precursors to another possible attempt by the government to end the exclusive has been done in It is said that the Supreme Court has made appointments to the constitutional courts.
Moving on to the Kesavananda Bharti case, Dhankhar said that in a democratic society, the “core” of any “basic structure” should be the supremacy of the people’s mandate. “Thus the primacy and sovereignty of the Parliament and the legislature are inviolable,” he said.
The Vice President said that all constitutional institutions – the judiciary, the executive and the legislature – needed to confine themselves to their respective spheres of work and conform to the highest standards of decorum and decency. “The present scenario in this matter demands serious attention by all concerned, especially the operators of these institutions,” he added.
He said that the power of Parliament to amend the Constitution and deal with legislation should not be subordinated to any other authority.
“It is the lifeline of democracy. I am sure it will engage your thoughtful consideration,” Dhankhar said as he mentioned one of the key issues – the need to maintain a harmonious relationship between the legislature and the judiciary as per the spirit of the Constitution – is to be discussed by the chairmanship officials.
Once again referring to the SC judgment on the NJAC Act, he reiterated, “A history of sorts was created in Parliament with regard to the NJAC Act. There was complete unanimity in the Lok Sabha. There was not a single voice of protest. The House of the People voted unanimously in favor of this constitutional amendment. This exercise crystallized into a constitutional prescription with the assent of the President under Article 111 of the Constitution.