Only full bench should review legislation: RS members

New Delhi, Dec 1 (UNI) Congress member Prabha Thakur today demanded that a legislation passed by Parliament cannot be struck down by judiciary without the consent of a full bench of seven or five judges of the Supreme Court or High Court respectively.

Resuming discussion on a private member's resolution that no legislation passed by Parliament shall be declared null and void and struck down by Supreme Court or High Courts, introduced in the monsoon session, she said it was an important resolution in view of the recent verdict of the Supreme Court setting aside the legislation passed by both Houses on the sealing issue.

Dr Gyan Pilania, (BJP) however, declared it as a "sad day" if such a legislation was accepted due to misconception that judiciary was encroaching on legislature's rights. He warned that the legislation might cast doubts on the integrity of the highest court whose judgments were held in high esteem everywhere.

Congress member Abhishek Manu Singhvi, endorsing the Bill, stated that legislation should not be struck down casually, frequently or without application of mind. He found merit in the "collectivity of decision making" process as exemplified by Parliament.

He clarified that the proposed legislation not be "seen as an onslaught or attack on the judiciary but as a facilitating technique to remind all organs that collective opinion of the court matters." Acknowledging that there was a paucity of judges, Mr Singhvi suggested that the question of minimum strength could be debated by the courts themselves but the Bill needed to be passed.

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