New Delhi, December 7
The underlying tension between the judiciary, legislature and executive came to the fore today when Lok Sabha members expressed concern over judicial “over-activism” and the House decided to have an extensive discussion on the harmonious functioning of the three organs of the state.
Speaker Somnath Chatterjee, acknowledging the sensitivity of the subject and the concern of the members, took the consent of the House to convert the call attention motion moved by CPI member Gurudas Dasgupta into a full-fledged discussion.
Raising the issue in a calling attention motion, Mr Dasgupta charged that of late there were “interventions” by the judiciary on issues, which were under the “exclusive domain” of the executive.
He contended that “even legislative intentions are being subjected to judicial scrutiny”.
After taking sense of the House, the Speaker said the matter would be taken up under Rule 193 entailing a detailed discussion. This means there would be a threadbare discussion but the members would not be asked to vote at the end of the discussion. No date has been fixed for the debate.
Mr Dasgupta, who cited the sealing issue before the Supreme Court and its interim directions, argued that there was “lack of harmony” between the three organs of the state - the legislature, the judiciary and the executive.
BJP Deputy Leader V.K. Malhotra said the matter was “very sensitive” and suggested the Prime Minister should convene a meeting of leaders of various parties to evolve a unanimous view.
The issue figured a day after the apex court ruled that there was no need for sanction to prosecute ministers and other public servants for corruption.
He said the sovereign right of Parliament could not be infringed by the judiciary.
Mr Dasgupta said while there was need for checks and balances, Parliament as a supreme law-making body could not be brought under such questioning.
Making a statement, Law Minister H.R. Bhardwaj said the powers of the three organs had been elaborately provided for in the Constitution, which has built in checks and balances.
“Each one of the organs is accountable in one form or the other. The checks and balances are functioning in harmony for the common goal of the good of the people, who are the framers of the Constitution," he said.
He said all the three organs of the state had “by and large functioned within their determined sphere demarcated by the Constitution.”
