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Lok Sabha to discuss `judicial over-activism’

Friday 8 December 2006

Special Correspondent

Matter to be taken up at Business Advisory Committee

NEW DELHI: Upset over ``judicial over-activism,’’ the Lok Sabha on Thursday decided to discuss the need for harmonious functioning of the three organs of the State: the legislature, the judiciary and the executive.

Gurudas Dasgupta (CPI) raised the issue as a calling attention motion and the members’ enthusiasm to speak on the subject saw Speaker Somnath Chatterjee granting a lengthy discussion, possibly under Rule 193.

The matter will be taken up at the next meeting of the Business Advisory Committee and scheduled accordingly.

Vijay Kumar Malhotra (BJP) said the Prime Minister should first call an all-party meeting to evolve a consensus on the issue.

Earlier, Law and Justice Minister H. R. Bharadwaj said the powers of the three organs were provided in the Constitution and there were built-in checks and balances.

``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. After coming into force of the Constitution, all the three organs have, by and large, functioned within their determined sphere demarcated by the Constitution. It is a matter of pride for all of us that our democracy is vibrant and alive.’’

Describing the statement as ``lame duck,’’ Mr. Dasgupta said it did not reflect the problems facing the country. No organ of the State should act in an arbitrary fashion. Parliament, by virtue of being elected by the people and having the most representative character, enjoyed a pre-eminent position in the power structure.

To buttress his point, the CPI member quoted a statement made by Jawaharlal Nehru in the Constituent Assembly in 1949: ``We shall honour our pledge within our limits. No judge, nor Supreme Court, can itself make a Third Chamber. No Supreme Court, no judiciary can stand on judgment over the sovereign will of Parliament, representing the will of the entire community. If we go wrong here and there, it can point out that to us.’’

As members applauded him, the Speaker intervened; stating that the sense of the House be taken first before proceeding with the discussion.

See online : The Hindu

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