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.
As part of the four T strategy of trace-test-track-treat, Mumbai – the most affected city in India – has decided to make Covid-19 tests accessible to all. The municipal corporation of Greater Mumbai (MCGM) has come out with guidelines allowing all laboratories to conduct RT-PCR (
In a major development on July 6, the Chinese army started moving back its tents, vehicles as well as troops from locations where disengagement was agreed upon in eastern Ladakh’s Galwan Valley. This is a significant milestone in regional geopolitics with India having been successful in isolating the
With the Covid-19 pandemic pushing more online activity and the capacity usage of data centres going up, India’s largest data centre (DC) building and the biggest tier-IV data centre, Yotta NM1,the second largest in the world, has been launched in Mumbai. The launch event on Tue
India has achieved a significant milestone as the number of Covid-19 tests conducted in the country so far has crossed the 1 crore milestone. This signifies the importance accorded to widespread testing and the focussed ‘Test, Trace, Treat’ strategy with several follow-up measures taken in tand
Half way through the year 2020, it has been a tough time all around the world: Covid-19 epidemic, loss of lives, economic hardships and also numerous other problems – natural disasters and political protests. Coming together, it all has mental health under immense strain. To discuss this and othe
In a first, the Department of Home Science, Sri Padmavati Mahila Visvavidayalam (Women’s University) Tirupati, Andhra Pradesh, recently organized an international webinar on “Nutrition and Immune System Support during COVID-19 Pandemic”. Speakers included eminent national and internationa