Judiciary can’t tell Parliament how to function, says SC

R Sedhuraman

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Legal Correspondent

New Delhi, September 24

The Supreme Court ruled on Thursday that it could not monitor MPs’ conduct in Parliament.

A Bench comprising Chief Justice HL Dattu and Justice Amitava Roy turned down a PIL saying monitoring parliamentarians’ behaviour in the House would amount to judicial overreach and interfering with functioning of the legislature.

“There was no Constitutional provision for judiciary issuing guidelines for Parliamentarians. When Parliamentarians have not issued any guidelines for the functioning of the judiciary, why should the SC step into their domain?” the Bench asked.

The PIL by an NGO called Foundation for Restoration of National Values said there was no check on the stalling of Parliamentary proceedings witnessed repeatedly in the past 25 years, wasting tax-payers’ money.

The disruptions witnessed in the Parliament in the past two sessions forced President Pranab Mukherjee to appeal to Parliamentarians to let the two Houses function, the petition claimed.

It was the duty of the Speaker and Deputy Speaker to conduct proceedings of Parliament. The petitioner could, therefore, approach them to take measures if the disruptions continued, the Bench said on Thursday.