Land bill re-ordinance challenged, SC hearing on Monday

In a democratic process, people cannot be governed by laws made by the executive, says farmers petition

GN Bureau | April 10, 2015


#SC   #supreme court   #land acquisition bill   #executive   #ordinance   #Lok Sabha   #Rajya Sabha  

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.

Comments

 

Other News

Give and take: The essence of living!

We live in a world which is characterised by “Parasparopagraho Jīvānām”. This is a Jain aphorism from Tattvarth Sutra, the most authoritative sacred text of Jains [https://en.wikipedia.org/wiki/Tattvartha_Sutra]. Th

Celebrating a decade of the Raisina Dialogue

Raisina Chronicles: India’s Global Public Square Edited by S. Jaishankar and Samir Saran Rupa Publications, 232 pages, Rs 595

Microsoft, Gates Foundation to work with Maharashtra on AI in digital governance

Microsoft co-founder and philanthropist Bill Gates along with representatives of the Gates Foundation on Thursday met Maharashtra chief minister Devendra Fadnavis and discussed collaborating on use of artificial intelligence (AI) in health, agriculture and infrastructure in the state. A stat

TMC, IAEA sign MoU for ‘Rays of Hope’ Anchor Centre Initiative

Tata Memorial Centre (TMC), a grant-in-aid institution under the Department of Atomic Energy, Government of India, and the International Atomic Energy Agency (IAEA) on Thursday signed a Memorandum of Understanding (MoU) recognizing TMC as an "Anchor Centre" for IAEA’s Rays of Hope initiativ

ECI takes steps to strengthen election processes

In under a month of Gyanesh Kumar assuming the charge as the 26th chief election commissioner (CEC) of India, the Election Commission of India (ECI) has put the entire election machinery right up to the BLO level on a path firmly on course for promoting participation of all electors and ensuring a pleasant

Fifty shades of Kabirgiri

Kabir’s Notbook By Anand Penguin, 332 pages, Rs 499.00 Mystics, sages and seers, there have been many in

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now



Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter