In a democratic process, people cannot be governed by laws made by the executive, says farmers petition
GN Bureau | April 10, 2015
On Monday the supreme court bench of Chief Justice HL Dattu and Justice Arun Mishra will hear a plea of a group of farmers' organisations challenging the legality of the fresh promulgation of the land acquisition ordinance. The farmers have challenged the re-promulgated land ordinance, terming it unconstitutional and ultra vires of the Constitution and as a "colourful exercise of power by the executive usurping law-making powers of the legislature".
The petition was filed by Bharatiya Kisaan Union, Gram Sewa Samiti, Delhi Grameen Samaj and Chogama Vikas Avam, seeking a direction to restrain the government from acting upon in furtherance of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2015.
The farmers' bodies said the government's action in promulgating successive ordinances bypassing the legislative process of parliament was not only arbitrary and violative of Article 14 but also a fraud on the Constitution itself. They said the government's action in re-promulgating the ordinance was malafide and thus open to challenge.
The petition said that in a democratic process, people cannot be governed by laws made by the executive.
The plea contented that the government has abandoned all principles of Constitutional morality by re-promulgating the ordinances. "The discretionary power of the president to promulgate ordinances has to be exercised judiciously and within the strict paradigm of circumstances, circumscribing the exercise of such discretion under Article 123," it said. "The law-making function under the Constitution was vested in Parliament," it said.
The petitioners said that the deliberate proroguing of the Rajya Sabha on March 28, while it was in budget session only for the oblique and malafide purpose of re-promulgating the impugned ordinance, goes against the very spirit and raison de'etre underlying Article 123 of the Constitution.
"The government deliberately did not move the 2015 bill for discussion in the Rajya Sabha after its passage in the Lok Sabha between March 10 and 20 due to lack of its numbers, political will or consensus."
"Life and liberty of citizens cannot be regulated by ordinances and the executive cannot indirectly arrogate to itself the law making function of the Legislature," it said. "The ordinance making power under Article 123 was never meant to be a substitute to overcome lack of numbers of the executive in one house," the petition said.
The union cabinet on Wednesday approved the proposal for revival of public sector telephony companies BSNL and MTNL by administrative allotment of spectrum for 4G services, debt restructuring by raising of bonds with sovereign guarantee, reducing employee costs, monetisation of assets and in-principle appr
The voters’ trust in Brand Modi is not a short-term affair – if anything, it is only increasing, or so it seems going by the numbers exit polls have given after the Maharashtra and Haryana assembly elections. Predictions from three TV channels differ widely but each has the BJP/NDA in the top p
Fact Sheet: Maharashtra assembly elections * Date of polling: 21 October * Date of counting 24 October * Assembly Constituencies: 288 * 2014 results: The BJP contested 260 states, and won 122, with a voting percentage of
The much hyped ‘double engine’ model of governance on which the BJP is seeking votes has utterly failed, and Mumbai and Maharashtra have had to face some of the worst effects of economic slowdown, former prime minister Manmohan Singh has said. A lot of problems facing Maharashtra
A three-term Rajya Sabha member, Sanjay Raut is the Shiv Sena spokesperson and its voice in parliament. He is also the executive editor of Marathi newspaper Samana, started by Shiv Sena founder Bal Thackeray. Raut spoke with Geetanjali Minhas on his party’s seat-sharing agreement
Ashish Shelar, 47, was the president of the Mumbai city unit of the BJP, before he became the minister of school education, sports and youth welfare in the Maharashta government this year. He has represented the Vandre West constituency in the state assembly and seeking re-election. In a chat with