Supreme Court says it is final arbiter of Constitution Thursday, January 11, 2007 11:15 [IST]
New Delhi,: In a significant verdict in the context of
the debate over perceived face-off between Judiciary and Legislature, the
Supreme Court yesterday (Jan10, 2007) held that acts of Parliament are amenable
to judicial scrutiny and that the apex court was the final arbiter to interpret
the Constitution.
In a much-awaited judgement, a five-member Constitution Bench headed by Chief
Justice Y K Sabharwal ruled that the court was the final judge of
constitutionality of all acts purported to be done under the authority of the
Constitution without transgressing into the doamin of Parliament.
"In a 357-page majority judgement of 4 to 1, the Bench upheld the
expulsion of 12 MPs for their involvement in the cash-for-query scam in
December 2005, saying that the action was to protect the dignity of Parliament
before the people of the country. It was not a capricious exercise," the
court said.
The verdict upholding the expulsion was immediately hailed by Lok Sabha Speaker
Somnath Chatterjee, who said in Kolkata, 'it is a milestone judgement', but he
maintained that judicial review on powers of Parliament was debatable, save in
exceptional cases.
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