Sunday, March 20 2005 13:18 Hrs (IST) - World Time -

New Delhi: Unfazed by the current controversy, Lok Sabha Speaker Somnath Chatterjee today (March 20, 2005) stuck to his guns that one of the "basic features" of the country's governance has been "violated" by the interim order of the Supreme Court in the Jharkhand case and warned that if the issues were not reconsidered, this would upset the constitutional balance and the democratic functioning.

"The issues arising out of the interim order of the case are of such far-reaching ambit that if not reconsidered and if followed in future, it will upset the constitutional balance and the democratic functioning of the State as a whole," Chatterjee said.

He was inaugurating the "Emergent Conference of Presiding Officers of Legislative Bodies in India" being held in the backdrop of the Jharkhand crisis when the Supreme Court advanced the trial of strength and directed videography of the proceedings, which was strongly objected to by the Lok Sabha Speaker.

The Conference was boycotted by Presiding Officers of States ruled by BJP (Bharatiya Janata Party)-led NDA (National Democratic Alliance), a development on which Chatterjee declined to comment. BJP was not in favour of such a conference and had left it to the wisdom of Speakers.

Speaker K Kalimuthu of Tamil Nadu Assembly also did not attend the Conference.

The Speaker observed that the Supreme Court order has got "serious implications" whereby the contours of areas of supremacy of the two institutions, Legislature and Judiciary have got distorted, disturbing the balance of the whole constitutional scheme of governance.

"With all respect to the Hon'ble Supreme Court, I am of the view that the very principle of separation of powers which is one of the 'basic features' of our governance has been violated," Chatterjee said.

Quoting Alladi Krishnaswamy Ayyar who played a prominent role in drafting provisions relating to the Judiciary in the Constitution, he said, "The doctrine of independence is not raised to the level of a dogma so as to enable the judiciary to function as a kind of super-legislature or super-executive."

The Speaker told the Presiding Officers that it was "our duty" to give serious thought to the issue as responsible constitutional functionaries for future harmonious working of different organs under the Constitution.

He wanted the matter to be looked into transcending all political ideologies and topical developments.

"My appeal to all is to consider this matter dispassionately only on the basis of the country's constitutional set up without any reference whatsoever to any political controversy so that one of the most important basic features of the Constitution, namely, separation of powers, is not disturbed, seriously affecting the balance of powers," Chatterjee said.