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MPs resent `judicial trespass'

Special Correspondent

`It is Prime Minister's prerogative to pick his team of Ministers'


  • The Speaker, as the custodian of parliamentary democracy, should intervene: RJD
  • People would lose faith in the legislatures or the executive: CPI(M)

    NEW DELHI: Members in the Lok Sabha on Wednesday took exception to judicial "encroachment and interference" into the domain of legislatures in the backdrop of the recent Supreme Court observation on the issue of "charge-sheeted" Ministers in the Union Council of Ministers. Some members suggested a discussion on the issue.

    Raising the issue after question hour, Rashtriya Janata Dal member Devendra Prasad Yadav said that in a parliamentary system of democracy, it was the prerogative of the Prime Minister to pick his team of Ministers. He said the judiciary has been crossing and transgressing the "Lakshman rekha" often and encroaching into the domain of the executive and the legislature. Urging the leaders of all political parties to give their opinion on the issue, he said if "judicial activism" continued, the work of parliamentarians would be encroached upon. He said the Speaker, as the custodian of parliamentary democracy, should intervene.

    Rupchand Pal (CPI-M), said in case the judiciary continued its interference in the work of the legislatures or the executive, people would lose faith in them.

    Mr. Pal objected to the apex court's observation on Tuesday that whenever new laws were made a separate fund should be built into it for implementation. This, he said, was another instance of interference in telling Parliament what it should do.

    BJP leader Vijay Kumar Malhotra said the issue required a fuller discussion to which the Speaker said it could be done provided proper notice was given.

    Later addressing a press conference, Mr. Pal and Basudeb Acharia (CPI-M) said Parliament and legislatures represent the will of the people and a person who was elected member of the House could be included in the Council of Ministers. "The sensitive fine balance [among legislature, executive and judiciary] should not be disturbed and Parliament should take note of it," they said.

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