Wednesday, August 24 2005 17:00 Hrs (IST) - World Time -

New Delhi: Reacting sharply to the Supreme Court's outburst on the issue of reservation in private professional colleges, members in the Lok Sabha today (August 24, 2005) termed its remarks as 'very unfortunate' and 'uncalled for' with the Speaker asserting that Parliament would not give up its rights to make laws.

Reflecting the members' strong sentiments, Speaker Somnath Chatterjee, asserted, "We are not giving up our rights to make laws," but made it clear that 'avoidable controversy' should not be created.

Describing yesterday's (August 23, 2005) remarks of Chief Justice R C Lahoti on the issue as 'very unfortunate', 'unprecedented' and 'uncalled for', the members contended that while they did not want any confrontation between the Legislature and the Judiciary, the court should 'not cross the Lakshman Rekha.'

In an obvious reference to Lahoti's critical remarks about 'unwanted criticism' the apex court has faced for its ruling on the reservation in private institutions, Leader of the House Pranab Mukherjee said, "There has been no confrontation of any kind and there is no occasion to express anguish on account of any legislative action."

The Speaker said, "Legislature has its own rights and Parliament, as the supreme legislative body, surely will act according to its rights under the Constitution. Similarly the Courts have their own rights to function in their own sphere without any interference and nobody can interfere."

Chatterjee said it was the 'undoubted right' of the court to construe the laws passed by Parliament. Therefore, many laws passed by Parliament are being declared ultra vires and it was binding on everybody.

"What is important is that there should be a harmonious relationship between major Constitutional organisations like the Legislature and the Court and nothing should be done or said which may create an avoidable controversy."

The only thing that struck him, said the Speaker, was that the observations made by the Supreme Court yesterday (August 23, 2005) were not in any judgement and was expression of certain views with regard to what may have happened inside the House.

"Therefore, we are only requesting ourselves that we should not do or say anything which may be misunderstood. But we are not giving up our right to make laws according to the Constitutional provisions which the Supreme Court will have power, no doubt, to construe at the appropriate time," he said.

Observing that the unanimous view of the House was that a law was necessary, he expressed the hope that it would be translated into action as soon as possible.

Mukherjee said as far as the Government's position was concerned, he would like to make it clear that 'independence of Judiciary is the foundation of our democratic, republic and rule of law.'

"Ever since the adoption of the Constitution, the Executive, Legislature and the Judiciary have been, by and large, functioning within demarcated areas," he said, adding, "The Government recognises that proper respect is to be shown to the judicial pronouncements."

"We also recognise that Legislature has to perform its duties to translate into action the programmes of the Government.

"On occasions, where the interests of the nation demand that laws should be enacted to carry forward social, economic programmes, Legislature has enacted laws keeping in view the various judgements of the apex court," he said.

Asserting that there should be no confrontation among the three Constitutional pillars, Bharatiya Janata Party (BJP) Deputy leader V K Malhotra said that President, Parliament and Supreme Court were supreme in their own spheres and the Constitution was above all.

Parliament, he said, has the right to amend the Constitution.

The BJP leader's contention that reservation should not be given on the basis of religion triggered vociferous protests from Muslim members.

Describing the Chief Justice's observations as 'most unfortunate,' Communist Party of India-Marxist (CPI-M) leader Basudeb Acharia said it has been enshrined in the Constitution that there should be reservation for weaker sections.

Ram Gopal Yadav (Samajwadi Party) cautioned that if a message went from the House about any confrontation between Legislature and Judiciary, it would not augur well for the country.

Rashtriya Janata Dal (RJD) member Devendra Prasad Yadav termed the Chief Justice's remarks as 'extraordinary, unprecedented and unnecessary' and not in tune with the basic preamble of the Constitution of providing for social justice.

Communist Party of India (CPI) leader Gurudas Dasgupta said never before such 'caustic' remarks had been made by the Supreme Court, which had elements of 'animosity' and 'intolerance' and undermined the Constitution.

Braj Kishore Tripathi (Biju Janata Dal) said 'Lakshman Rekha' should not be breached while stressing that social justice should be ensured for the weaker sections.