![]() Online edition of India's National Newspaper Thursday, Aug 25, 2005 |
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Special Correspondent
NEW DELHI: The Lok Sabha on Wednesday held a discussion on the Supreme Court's observations made on Tuesday, with the Government and members stressing that there was no confrontation between Parliament and the judiciary. (The court expressed its displeasure over the Centre and others criticising a seven-judge Bench judgment abolishing government quotas and reservation in private, unaided colleges.) Underlining the need for a law to provide reservation in ensuring social justice, the members said that while the courts had the right to interpret the law, Parliament was within its rights to enact legislation. "There has been no confrontation of any kind and there is no occasion to express anguish on account of any legislative action," said Defence Minister and Leader of the House Pranab Mukherjee. ``We are proud that we have an independent judiciary, which has been assigned the task of interpreting the laws and the Constitution. The Government recognises that proper respect is to be shown to judicial pronouncements,'' Mr. Mukherjee said. At the same time, it recognised that the legislature had to perform its duties to translate government programmes into action; on occasions when the interests of the nation demanded that laws be made to carry forward social and economic programmes, the Government enacted laws keeping in view the judgments of the apex court.
Special procedure
Speaker Somnath Chatterjee said he allowed the issue to be raised, and not to comment on the remarks of the Supreme Court, following a request from members. The special procedure was adopted only for the day and the matter should be dealt with caution. Members should not say something that could be misunderstood, he said. Mr. Chatterjee said the legislature had its own rights and Parliament, as the supreme legislative body, would surely act according to its rights under the Constitution. Similarly, the courts had their own rights to function in their sphere without interference; and nobody could interfere. Many laws passed by Parliament were declared ultra vires and the ruling was binding on everybody. Therefore, he said, it was important to have harmonious relationship between the legislature and the court and nothing should be done or said which could create an avoidable controversy. The only thing that struck him was that the observations, which the Supreme Court made on Tuesday, were not part of any judgment.
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