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Judiciary and legislature at loggerheads

This is with reference to the news item ‘Haryana Speaker in no mood to comply with High Court directions’ (December 29). Despite being given so many opportunities, the Speaker did not take any action and ultimately the court declared that the MLAs in question would be treated as unattached till the Speaker decides on the disqualification petition. Is the High Court order giving directions to the Speaker, an infringement of the powers of the legislature?

His tone and tenor indicate that he is not bound to obey the High Court order. Undoubtedly, Article 212 of the Constitution of India envisages that validity of any proceeding in the Legislature shall not be called in question on the grounds of alleged irregularity in the procedure. By virtue of this provision, it is the prerogative of the Speaker to run the House.

The statement given in a recent interview to The Tribune by the Speaker would create a rift between the Judiciary and the Legislature. There have been instances when the High Court issued contempt notice to the UP Speaker who in turn issued a privilege notice to the judge. The timely intervention of the Supreme Court cut short the confrontation. Former Lok Sabha Speaker Som Nath Chatterjee had also ignored a Supreme Court notice earlier. In these two cases, it appears that either the respective Speaker or the judge exercised powers which did not vest with him. Why was such a situation allowed to happen? When any wrong is committed either on the part of the Legislature or the Executive, Judiciary’s intervention is solicited to give justice to the aggrieved party.

HARI CHAND SHANKER, Advocate, Ambala


Ever since the judgement related to the rebel MLAs of Haryana Janhit Party was passed by the Punjab and Haryana High Court, the Vidhan Sabha Speaker has been talking strange on the issue. From his statements appearing in various newspapers, he is showing least regard to the High Court order, which is quite unfortunate. The case of the concerned MLAs has been pending for the past two years and in normal course, the case ought to have been adjudicated much earlier. If the High court has made some observations regarding the inordinate delay in its order, certainly the court is not to be blamed.

The Speaker does enjoy certain elite and exclusive powers and privileges. In a similar case where the Lok Sabha Speaker had refused to accept the Supreme Court notice, it was held in clear terms by the apex court that the Speaker does not happen to be above the law. Therefore, the High Court order needs to be taken in right earnest.


Lokpal sabotaged

This is with reference to the editorial ‘Lokpal Bill in limbo’ (December 31). After 11 hours of a marathon debate in the Rajya Sabha on the midnight of December 29, the Upper House was adjourned sine-die amidst chaotic scenes leaving the fate of the most anticipated Lokpal bill in limbo. Indeed it was a sad moment for the people of the country who had pinned high hope on this anti-graft legislation. It is true that the Lokpal will not have a magic stick to eliminate the malice of corruption but a strong Lokpal can be an effective deterrent against corruption.

The people are disappointed because parliamentary democracy has failed to deliver. They have been betrayed by their representatives. The politicians, cutting across party lines, connived to sabotage the Bill. Though all the political parties swore to have a strong Lokpal in place, but in reality all the political parties, the ruling party, its allies especially the chronic spoilsport TMC and the Opposition ensured that the Bill does not see the light of the day.

In public, politicians vouched for the Lokpal but majority of the politicians heaved a sigh of relief at its non-passage, rather they seemed to be quite happy and some were unable to hide their glee at the fate of the jinxed Lokpal Bill.  

RAMA KASHYAP, Chandigarh


The editorial ‘Need for course correction’ (December 29) has rightly underscored that Anna should leave politics to politicians and work as an effective agent of change. But the million dollar question is whether Team Anna is really dabbling in politics?  If the parliamentarians start believing that they are not answerable to the electorate, then they don’t deserve to be elected.

Politicians of all shades are envious and afraid of Anna’s popularity and mass base. They are therefore out to degrade him by describing him as an ‘ambitious’ political person. They had branded him earlier as an ‘unelected tyrant’ and an anarchist. There have been instances where organised sections of society have boycotted elections to show their annoyance and helplessness at the political class. The right thing for the voters now would be to get inefficient and corrupt parliamentarians, who belittle voters and insult them, defeated. What else can the helpless yet powerful people do to counter the imperious attitude of the defiant parliamentarians.

There is no doubt that widespread anti-corruption undercurrent at the grassroots will push forward Anna’s movement making him a catalyst for the betterment of the Indian beleaguered democracy.

RM RAMAUL, Paonta Sahib

Give and take relationship

The middle ‘Learning from little ones’ (December 31) makes William Wordsworth’s words ‘child is the father of man’ relevant even today. It is high time we grown-ups rise above complacency and self-righteousness on our so-called achievements and attitude. Instead of going down to a child’s level, we must raise ourselves to the level of a little one’s world. Their thoughts are absolutely refreshing and make ours amenable to change. Children have a piercing insight into the so-called complexities which we grown-ups fail to comprehend due to a deep-rooted dogmatic and rigid attitude. We must try to be child-like in outlook and must consider ourselves lucky to be in the company of kids. Getting in to a symbiotic relationship with them can be the best way to teach them.




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