Dhankhar, Birla oppose ‘overstep by judiciary’ | India News

JAIPUR: Vice President and Rajya Sabha President Jagdeep Dhankhar and Lok Sabha Loudspeaker Om Birla on Wednesday strongly opposed “judicial overreach” in legislative matters, remarking that just as legislatures cannot pass court decisions, judges should exercise restraint. so as not to identify himself as a person carrying out a legislative function.
Speaking at the 83rd Conference of Presiding Officers, Dhankhar said the 1973 Kesavananda Bharati case verdict, stating that CongressThe government’s powers to amend the Constitution are limited and do not extend to altering the “fundamental structure”, setting a bad precedent by seeking to establish judicial supremacy.
“Parliamentary sovereignty and autonomy cannot be allowed to qualify or be violated as it is essential to the survival of democracy. No institution can use power and authority to nullify the authorization of the people. “It is the duty of Parliament and the legislature to protect the sovereignty of the people,” he said, making it clear that his remarks against the SC ruling rejecting the NJAC Act reflected outrage. deeper anger at what he seems to be a violation of justice.
Loudspeaker birch also touched on the subject briefly and said that the judiciary should respect the sanctity of the legislature. “This is a serious matter and the organs of constitutional democracy must abide by their specific role. Constitutional bodies should refrain from being active and comply with their responsibilities,” he said.
Dhankhar had previously sparked criticism of the judiciary by criticizing the SC’s ruling nullifying the National Judicial Appointment Committee (NJAC) which sought to end the syndicate system for appointing to higher judicial authorities. On Wednesday, the Vice President revealed that he had refused to entertain the attorney general when he wanted to urge him to pass on a message from an SC bench that constitutional agencies should refrain from making agency statements. Justice. “I cannot be a party to undermine the power of the legislature,” he said.
The Vice President’s observations on the role of the judiciary and also frequent references to the SC’s ruling nullifying the NJAC Act passed by Congress have been interpreted by some areas as the premise for another possible government effort to end monopolies. states that the supreme court has the power to appoint to constitutional courts.
Continuing on the Kesavananda Bharati case, Dhankhar said that in a democratic society the “fundamental” of any “fundamental structure” should be the supremacy of the people. “Therefore, the primacy and sovereignty of Parliament and the legislature are inviolable,” he said.
The Vice President said all constitutional authorities — judicial, executive, and legislative — are required to maintain limits in their respective fields and adhere to the highest standards of decency and integrity. kind. “The current scenario on this issue calls for the serious attention of all stakeholders, especially the heads of these organisations,” he added.
He said that the right of the National Assembly to amend the Constitution and deal with legal issues should not be subordinated to any other body.
“This is the lifeblood of a democracy. I am sure this will attract your careful consideration,” said Dhankhar, referring to one of the key issues — the need to maintain a harmonious relationship between the legislature and the judiciary. legislation in the spirit of the Constitution — will be discussed by the chairperson. officer.
He again referred to the SC decision on the NJAC Act, reiterating, “History of types has been made in Parliament regarding the NJAC Act. There is complete unanimity in the Lok Sabha. There were no objections. The House of Commons voted unanimously in favor of this constitutional amendment. This activity crystallizes into constitutional regulation with the consent of the President under Article 111 of the Constitution,” Dhankhar said, adding, “The judiciary has overturned this. Such a situation is perhaps unprecedented in the history of world democracy.”


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