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This is an archive article published on January 12, 2023

Presiding officers of legislatures remind all branches of state to respect Constitutional boundaries

The resolution comes a day after V-P Jagdeep Dhankhar addressed conference, cautioned against “public posturing from judicial platforms”

Vice President Jagdeep Dhankhar with Lok Sabha Speaker Om Birla, Rajasthan CM Ashok Gehlot and dignitaries in a group photo during the 83rd All India Presiding Officers' Conference, in Jaipur. (PTI)Vice President Jagdeep Dhankhar with Lok Sabha Speaker Om Birla, Rajasthan CM Ashok Gehlot and dignitaries in a group photo during the 83rd All India Presiding Officers' Conference, in Jaipur. (PTI)
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Speakers and chairpersons of legislatures from across the country on Thursday adopted a resolution reminding all organs of the State to “respect Constitutional boundaries”, on the final day of the All-India Presiding Officers Conference held in Jaipur.

The resolution came a day after Vice-President Jagdeep Dhankhar’s inaugural address to the conference where he cautioned against “oneupmanship” and “public posturing from judicial platforms”. The V-P expressed his disagreement with the Supreme Court’s 1973 decision in the Kesavananda Bharati case in which the court said the Parliament had the right to amend the Constitution, but not its basic structure.

While the conference of speakers, chaired by Lok Sabha Speaker Om Birla, did not go as far as the V-P, it did discuss the issue of the relationship between the legislature and judiciary.

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In its resolution, it said: “The 83rd All-India Presiding Officers’ Conference reaffirms its complete faith in the primacy of the people of India in law-making through the legislative bodies of the nation and while reposing confidence in the principle of separation of powers, exhorts all organs of State to respect the Constitutional boundaries enshrined in the Constitution of India.”

Addressing a press conference after the end of the conference, Birla said: “The legislature is supreme. It has the right to make laws and because of that, it is an expectation that all institutions remain within their limits.” Adding to it, Rajasthan Assembly Speaker C.P. Joshi said: “The judiciary does not have the power to make laws, it can scrutinise after the law is made”.

According to sources with knowledge of the discussions during the conference, many state speakers were of the view that the resolution should address the issue more explicitly.

Delhi Assembly Speaker Ram Niwas Goel told The Indian Express that he agreed that the all branches of the state should respect their limits, but did not agree with everything the V-P had said. “Powers of the Delhi Assembly were snatched away by bringing a law in the Parliament, which was against the Constitution,” he said.

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Among the nine resolutions adopted by the conference were resolves to bring a Code of Conduct for Members of legislatures to check unparliamentary conduct and an appeal to all parties to stop disruptions, particularly during Question Hour.

During the valedictory session of the conference, Rajasthan Governor Kalraj Mishra said securing the majority of votes in the House should not be the only basis for passing a law, but public interest should also be considered. Birla said the pre-planned disruptions of House proceedings were bad for democracy.

The two-day conference was attended by 20 Speakers, including Lok Sabha Speaker; five Chairpersons; 12 Deputy Speakers and four Deputy Chairpersons, including Rajya Sabha Deputy Chairman Harivansh, as per a statement from the Lok Sabha Secretariat.

Damini Nath is an Assistant Editor with the national bureau of The Indian Express. She covers the housing and urban affairs and Election Commission beats. She has 11 years of experience as a reporter and sub-editor. Before joining The Indian Express in 2022, she was a reporter with The Hindu’s national bureau covering culture, social justice, housing and urban affairs and the Election Commission. ... Read More

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