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Venkaiah Naidu Flags Concern Over Judicial Overreach, Cites ‘Firecracker Ban’ During Diwali

Citing the decision to ban firecrackers, Venkaiah Naidu said that the courts are beginning to influence the scope of executive and legislature.

 

Despite the need for coordination among the three major organs of the Constitution, there has been repeated complains of judicial overreach by the legislature. The issue was raised again at the National Conference of Presiding Officers on Wednesday and the Vice President and Rajya Sabha Chairman M Venkaiah Naidu voiced his concerns regarding some decisions by the judiciary. He said that there is a Lakshman Rekha for everyone in the constitution but court decisions like the ban on firecrackers and ban on vehicles in Diwali are worrisome.

The legislature is the cornerstone of democracy

Expressing concern over the functioning of the legislature, Naidu told the Speaker of the Assembly that he is the chief priest of democracy and that they have to take care of the sanctity of these temples. Naidu said that the legislature is the cornerstone of democracy that provides the foundation for the executive and the judiciary. Venkaiah Naidu said that the courts are beginning to influence the scope of executive and legislature. The courts have started telling how many times and what kind of firecrackers should be fired. While this is the work of the executive and the legislature.

Constitution is the Supreme

The Vice President said that none of the three pillars of the governance system of the country can claim to be supreme because it is the Constitution itself that is Supreme. “According to the constitution, the legislature, executive and judiciary are bound to function within their respective territories. However, some decisions of the courts suggest that the intervention of the judiciary has increased,” Naid said.

… when boundaries were crossed

Every part of the governance system performs its work without interference with others thereby communicating a sense of mutual respect, responsibility and restraint. In such a situation, mutual respect, accountability and patience are required. But unfortunately, there are instances when boundaries are crossed. He cited the decisions given by the courts on firecrackers and said that some of the recent decisions seem to be the same.

The Vice President said that the judiciary should not take itself as the paramount executive or legislature. “Since independence, the Supreme Court and High Courts of the country have given far-reaching decisions on socio-economic issues apart from taking corrective intervention. However, sometimes the issue is raised whether they are interfering in the executive. The issue has also been debated as to whether some should be left validly to other organs of government,” He said.

Om Birla will call a meeting of chief ministers

The role of the Speaker of the Assembly in the misuse of the anti-defection law was also questioned in the Conference of Presiding Officers. Lok Sabha Speaker Om Birla will soon call a meeting of the Chief Ministers of all the states of the country to consider all these issues raised in the conference. Last time, a committee was formed under the leadership of Rajasthan Assembly Speaker CP Joshi to improve the loopholes in the defective law. The report is not yet ready due to Coronavirus pandemic.

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