MPs irked by growing judicial intervention in legislative function
On a day the executive received judicial caning for subverting the autonomy of India’s premier medical institute, AIIMS, parliamentarians were debating a section of the political class’ complaint about judicial activism.
By TNN |
NEW DELHI: On a day the executive received judicial caning for subverting the autonomy of India’s premier medical institute, AIIMS, parliamentarians were debating a section of the political class’ complaint about judicial activism.
The Leftists, who have turned against the judiciary following a series of constitutional misdeamonurs by the governments controlled by it in West Bengal and Kerala, held the courts responsible for causing disharmony among institutional arms of the State.
Initiating the debate, Gurudas Dasgupta of the CPI relied on the familiar agruements against the judicial activism. Quoting V R Krishna Iyer, Mr Dasgupta said judiciary’s attempts to act as a “third chamber” will affect the efficacy of Indian democracy.
Although he acknowledged the failure of the executive to administer properly and the reluctance of Parliament to deliberate issues seriously, the CPI leader found judicial interventions as the biggest problem confronting the nation.
BJP’s MAK Swain, who disagreed with Mr Dasgupta, said the indecent haste that was being displayed by the government on issues like the AIIMS Bill was responsible for the current situation.
“The CBI would have become a department of the government had there been no courts in this country; the corrupt ministers would have gone scot free; and mandates of political parties would have been subverted by the regime at the Centre,” he said. At the same time, he said, the courts should take care not to overstep its brief.
V Kishore Chandra Deo of the Congress, who argued that every organ of the State should take care not to tread into terrains that did not belong to it, said some of the interventions of the court were truly disturbing.
“A case in point is the decision to appoint central empowered committee by the court. It is appointed without statutory powers,” Mr Deo said.
Mr Deo said Parliament had always taken care not to discuss matters that were sub-judice. “But is the court extending the same constitutional nicety? It recently asked Parliament to submit a copy of the report of a standing committee. It is like Parliament asking for the details of a judgement before it is delivered by the court,” he said.
The Congress MP also said judicial intervention should not degenerate into judicial despotism. “That would be the worst tyranny on the people,” he said.
The Leftists, who have turned against the judiciary following a series of constitutional misdeamonurs by the governments controlled by it in West Bengal and Kerala, held the courts responsible for causing disharmony among institutional arms of the State.
Initiating the debate, Gurudas Dasgupta of the CPI relied on the familiar agruements against the judicial activism. Quoting V R Krishna Iyer, Mr Dasgupta said judiciary’s attempts to act as a “third chamber” will affect the efficacy of Indian democracy.
Although he acknowledged the failure of the executive to administer properly and the reluctance of Parliament to deliberate issues seriously, the CPI leader found judicial interventions as the biggest problem confronting the nation.
BJP’s MAK Swain, who disagreed with Mr Dasgupta, said the indecent haste that was being displayed by the government on issues like the AIIMS Bill was responsible for the current situation.
“The CBI would have become a department of the government had there been no courts in this country; the corrupt ministers would have gone scot free; and mandates of political parties would have been subverted by the regime at the Centre,” he said. At the same time, he said, the courts should take care not to overstep its brief.
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V Kishore Chandra Deo of the Congress, who argued that every organ of the State should take care not to tread into terrains that did not belong to it, said some of the interventions of the court were truly disturbing.
“A case in point is the decision to appoint central empowered committee by the court. It is appointed without statutory powers,” Mr Deo said.
Mr Deo said Parliament had always taken care not to discuss matters that were sub-judice. “But is the court extending the same constitutional nicety? It recently asked Parliament to submit a copy of the report of a standing committee. It is like Parliament asking for the details of a judgement before it is delivered by the court,” he said.
The Congress MP also said judicial intervention should not degenerate into judicial despotism. “That would be the worst tyranny on the people,” he said.
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