Somnath calls for debate on relations between Govt organs

New Delhi, Apr 26 (UNI) Asserting that there was no need for any confrontation between the Judiciary and the Legislature, Lok Sabha Speaker Somnath Chatterjee today called for a proper debate on some of the fundamental issues concerning the nation, particularly on the relationship between the three organs of the State.

Stressing the need to recognise Constitution as the supreme law, Mr Chatterjee said no organ of State should go beyond the role assigned to it by the Constitution.

''It is the duty of all concerned, including the Legislature, the Executive and the Judiciary, to ensure that this balance is scrupulously adhered to. No organ can be the substitute of another,'' he said, while delivering the Dr Kailash Nath Katju Memorial Lecture on 'Separation of Powers under the Constitution and Judicial Activism.' He said there was definitely ''sufficient space in our system'' for all the institutions to co-exist and work together for the common weal.

He however regretted that of late, the lines demarcating the jurisdiction of the different organs of the State were getting blurred, as a section of the Judiciary was of the view that it has the authority by way of what is described as ''judicial activism'' to exercise powers, which are earmarked by the Constitution for the Legislative or the Executive Branches.

''Each organ of the State has separate areas of functioning, into which no other organ can enter or intervene, unless permitted by the Constitution itself, and if it so does, it will be contrary to one of the 'basic features' of our Constitution and that includes the Judiciary also,'' he stressed.

He said that the concept is ''judicial review'' and not ''judicial activism'' which is of recent coinage and extended, much beyond review. The scope of judicial review is confined to the enquiry as to whether an impugned legislation or an executive action falls within the competence of the Legislature or of the executive authority or is consistent with the Fundamental Rights guaranteed by the Constitution or with its other mandatory provisions, he said.

He said the Legislature has been accorded a pre-eminent position in the constitutional and political set-up, with power inter alia, to make laws, to exercise control over the nation's purse, to make the Executive accountable to the popular House, and when considered necessary, also to amend the Constitution. But obviously the Legislature has to function within the parameters laid down by the Constitution, he added.

Agreeing that there is some cynicism among the people about the way the institutions function, particularly Parliament and the Executive, Mr Chatterjee said that many a time the judiciary is applauded for its interventions in forcing the arm of the Executive to do certain things or in restraining it from doing certain things. ''Criticisms of the Executive and Legislatures, from time to time, have been made from the Bench in very strong words while hearing what are described as Public Interest Litigations (PIL),'' he observed.

The contention that the judiciary should take on itself the onerous responsibility of the governance of the country, in matters, which the Constitution has imposed on either the Executive or Legislature, has serious implications, he said.

He called for an introspection by all the organs of the State, so that they can work harmoniously to strengthen the democratic set-up.

There should be no assumption that any particular organ has any inherent superiority or a monopoly over concern for the people or that it alone can solve their problems, he added.

UNI