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Business News/ Politics / Policy/  Jaitley criticizes judicial overreach, says edifice of India’s legislature being destroyed
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Jaitley criticizes judicial overreach, says edifice of India’s legislature being destroyed

Both opposition and treasury benches in the Rajya Sabha welcomed Jaitley's remarks, after the Supreme Court told the centre to form a national drought plan

Finance minister Arun Jaitley has been a critic of courts chipping away at the powers of the legislature, which he points out reflects the will of the people. Photo: ReutersPremium
Finance minister Arun Jaitley has been a critic of courts chipping away at the powers of the legislature, which he points out reflects the will of the people. Photo: Reuters

In a rare show of unity, the ruling Bharatiya Janata Party (BJP) and the opposition came together, albeit briefly, to question judicial overreach.

The display of unity came on a day the Supreme Court roundly criticized the centre and state governments for failing to respond to the drought which has ravaged large parts of the country.

Addressing the Rajya Sabha during a debate on the finance bill, finance minister Arun Jaitley pointed out that progressively, the judiciary was appropriating the powers of the executive.

Referring to the Supreme Court ruling in the drought case, Jaitley said, “Step by step, brick by brick, the edifice of India’s legislature is being destroyed."

Both opposition and treasury benches welcomed Jaitley’s remarks by thumping on their desks in support.

Earlier in the day, the apex court directed the centre to set up a National Disaster Mitigation Fund within three months.

“We have the National Disaster Response Fund and the State Disaster Response Fund and now we are being asked to create a third fund. The appropriation bill is being passed. Now outside this appropriation bill, we are being told to create this fund. How will I do that? India’s budget-making is being subject to judicial review," Jaitley said.

Referring to the Congress’s demand to set up a dispute-resolution authority for resolving disputes under the goods and services tax, which will be headed by a judge, Jaitley said this was a provision that was strongly opposed by the states and pointed out that taxation matters are a political decision.

“Why do you want to surrender parliamentary and state legislature’s jurisdiction to the courts? Taxation is the last of the powers with the legislature and you are talking about surrendering it," Jaitley said, addressing the Congress.

Jaitley has been a critic of courts chipping away at the powers of the legislature, which he points out reflects the will of the people.

The judiciary has delved into several aspects of governance, including spectrum auctions, coal block allocations, right to information and powers of the Central Bureau of Investigation.

In fact, jurist Upendra Baxi in an interview to Mint called the apex court an institution of governance.

Last year, after a five-judge bench of the Supreme Court struck down the National Judicial Appointments Commission and a related constitutional amendment, Jaitley had voiced similar criticism.

In a post on a social networking website, Jaitley wrote that in striking down the five-member panel, the judiciary had forgotten the larger constitutional structure—that of Parliamentary democracy which represents the “will of the sovereign".

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Published: 11 May 2016, 09:56 PM IST
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