www.whatisindia.com
What Is India News Service
Wednesday February 15,  2006

I want News  I'm a Researcher I'm a Policy Maker I'm a Traveler |  I'm an Investor  | I'm an Activist | I'm a Student
 

  Can Judiciary Judge Parliament Decisions

 

An important Constitutional debate on the judiciaries right to question, investigate, or pass judgment Parliamentary decisions on its members went a step further. The Supreme Court transferred all cases before High Courts on the "cash-for-query" cases to itself to consider this important Constitutional question. Several Members of Parliament were caught in a sting operation accepting cash to raise questions in the Parliament. When the video aired, the Speaker of the Parliament initiated a resolution, backed my other Parliamentarians, to expel those who have been caught on tape. The expelled MPs filed cases with many courts seeking justice to the violation of their rights to a fair hearing. The SC issued notices to the Speaker who refused to acknowledge it saying that the judiciary is over-stepping its authority. The Speaker claims that since there is no specific law to govern Parliamentary expulsion, the British law enacted over 100 years ago will apply. He also points to a previous case where the SC had refused to interfere with a Speaker ruling. The important questions in this issue are whether the expelled MPs have rights to appeal, relief during the appeal process, and who the appellate authority will be. The SC has declined to stop the Election Commission from releasing vacancy notices for the constituencies occupied by these MPs. They also deferred stopping the Parliament administrator from evicting these MPs from their official residences. The next hearing is towards the end of the month.





 

 

 

 



Archives | Links | Search
About Us | Feedback | Guestbook
© 2005 Copyright What Is India Publishers (P) Ltd. All Rights Reserved.