Is Parliament Supreme ?——- Prof R R Pillai
The clamour that the Parliament is supreme is untenable. The power that parliament has to make laws is not absolute but relative. Whenever Parliament with its brute majority passed a law which defeated the letter and spirit of the Constitution of India the Supreme court has struck it down. Parliament is not vested with the absolute power nor it can abuse the limited power it has even in the process of Law making.
On the issue of Lokpal Law the government today with its brute majority of 271 members is already abusing the power by delaying the process of law making through various tactics and motives that are clearly questionable. Why in the first instance a weak Lokpal Bill. if the MPs are supreme and have better wisdom ?
For 40 long years an effective Lokpal has not been passed by the very same Parliamentarians who claim the supremacy of the Parliament. And now when the Civil Society members lead by Team Anna have provided a strong Janalokpal draft, any government with intentions of good governance would have welcome it and taken it to the parliament for debate discussions . acceptance ,amendments or rejection of various provisions in the Janlokpal draft following the normal process of law making. This was quite easy since the UPA government had a serious discussions with the team Anna after Anna broke his fast in April following assurances of introducing the jointly drafted Bill in the Parliament.
But the Congress led government with ulterior motives derailed an effective Lokpal Law making by introducing their own version ignoring the Joint Committe’s version leading to the present crisis in the nation.
The UPA with its brute majority is blocking the making of an effective Lokpal bill .This abuse of power by Parliamentarians must be fought tooth and nail. The Congress led government has become the agent provocateur on this issue of Strong Lokpal Law.
The government’s argument that other civil society members voice – Aruna Roy’s suggestions – too must be heard is nothing but a ploy to delay the process of a strong Lokpal Law.Why then in the government version of the Bill , Team Anna’s versions didn’t find proper place.
Thus ,one can find too many questionable motives of the government in introducing a weak lokpal bill. Backed by a guarantee of 271 votes in the parliament the congress led UPA government has clearly abused the process of law making with confrontational attitude, taking shelter under parliament is supreme argument, even as its intentions in introducing a a toothless Lokpal bill are neither clean nor stand close scrutiny.Who has given the Parliament the supreme power to abuse the power of law making?
We all know Constitutional remedy for a bad law passed on the strength of brute majority in the Parliament. The time has come to look upto the Constitution for abuse of power in the process of law making too. . I think the SC must intervene and provide us a constitutional remedy for the present abuse of parliamentary power during the process of law making affecting the entire nation as expressed through various democratic protests for an effective anti corruption law to curb cancer of corruption in the nation.
Supreme Court has provided us a Post unconstitutional Law remedy. Now the courts must provide a constitutional remedy even as the law making process is abused by the Parliament through the argument that parliament is supreme in the matter of law making come what may and establish that SC is supreme if power to make law is abused by Parliamentarians. The courts must once again educate the parliament that its power is relative and subject to the letter and spirit of constitution for serving the just needs of society.
Anna must be saved . SC must intervene and provide Remedy. I am sure The Constitution will serve the just needs of people of India. Parliament is Supreme argument must be trashed once and for all.
vyomesh Dave
September 12th, 2011 at 5:45 am
The late Rajiv Gandhi led govt passed a law without meaningful discussion negating the effect of SC judgement in Shahbano case. The Women’s Reservation Bill is stalled every time it is tabled. Recently TN Assembly passes a resolution for clemency to nullify the judgement of death penalty to the killers of late Rajiv Ganshi purely on political considerations. The J & K Govt also can pass a law to favour separatist movement because of sheer majority. Who says the members of Parliament & State Assemblies are capable of passing only good laws in the best interest of the nation and the countrymen?