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'Judiciary encroaching into Legislature's domain'
Wednesday, August 3 2005 17:32 Hrs (IST) - World Time -

New Delhi: The 'tainted' Ministers issue came up in different form in the Lok Sabha today (August 3, 2005) with RJD and Left p arty members taking strong exception to "encroachment and blatant interference" of the Supreme Court in the Prime Minister's prerogative of deciding his Council of Ministers.

Raising the issue during zero hour, Devendra Prasad Yadav (RJD) said the Judiciary has been crossing and transgressing the "Laxman Rekha" often and encroaching into the domain of the Executive and the Legislature.

"It is the Prime Minister's prerogative to choose his team of Ministers in a Parliamentary Democracy. The Constitution has laid down well defined areas for the Executive, Legislature and Judiciary," he said demanding that the Leader of the House and the Leader of the Opposition should give their opinion on the issue.

Yadav, who was supported in his contention by CPI-M member Rupchand Pal, said in case the Judiciary continued its interference in the territory of the Legislature or the Executive, people will lose faith in them.

He wanted Speaker Somnath Chatterjee to intervene in the matter in view of his being custodian of parliamentary democracy and save it from being "ruined".

BJP deputy leader Vijay Kumar Malhotra disagreed saying if there was no intervention by the Judiciary, then alleged stamp scamster Abdul Karim Telgi could be made the Finance Minister.

Yadav objected to Supreme Court's observations that government should take into account financial obligations while framing new laws.

Pal and CPI-M deputy leader, Mohd Salim said Parliament should not tolerate any transgression by Judiciary and the observations of the Supreme Court have created an extraordinary situation.

Supporting Yadav, they stressed it was the Prime Minister's right to choose his council of Ministers while quoting a former Chief Justice as having stated that 20 per cent of the Judges were corrupt.

"This kind of interference is nothing but a serious matter and the autonomy of the Legislature has to be preserved."

Malhotra wanted a structured discussion on the issue, to which the Speaker agreed.

PTI

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http://news.indiainfo.com/2005/08/01/0108tainted-ministers.html








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