LS speaker Om Birla asks Judiciary to stay within its constitutional mandate at Jaipur Conference

The issue of excessive court intervention in legislative matters and powers was echoed in many sessions of this conference.
Lok Sabha Speaker Om Birla (Photo | PTI)
Lok Sabha Speaker Om Birla (Photo | PTI)

The two-day All India Presiding Officers' Conference Assembly in Jaipur concluded with Lok Sabha Speaker Om Birla expressing serious concern over the challenges of judicial interference in legislative proceedings.

Speaking at the concluding session of the conclave held at the Rajasthan Assembly, Om Birla asserted that the judiciary should stay within its constitutional mandate. He also said that one of the resolutions passed in the conference is in tune with what Vice President Jagdeep Dhankar said about the unnecessary interference of the judiciary in the work of the legislature while inaugurating the conference on Wednesday.

The issue of excessive court intervention in legislative matters and powers was echoed in many sessions of this conference attended by speakers of all Vidhan Sabhas and Vidhan Parishads from across the country. Lok Sabha Speaker Birla said that the “Judiciary should also follow constitutional decorum.” In view of such circumstances, the Speaker said that a proposal has been passed that all democratic institutions should work for making better laws.

"Vice President Jagdeep Dhankhar's views have been kept in consideration that the legislature is supreme and has the right to make laws. If this happens, all the constitutional institutions will be able to work according to their rights and the public will be benefited," said Birla.

The Lok Sabha Speaker also said that there should be adequate debate and discussion before passing any law in the Central and State Legislatures. He further expressed concern over the decreasing number of proceedings of the legislative houses and said that “we should consider how the democratic institutions of the country should become ideal. Democratic institutions should be such that people from other countries also come to see, understand and study these institutions.”

He added during his address that the people's representatives who are elected by the public, their behaviour and conduct should be dignified. "There should be a debate in democratic institutions, not a disturbance. Our biggest concern today is that no matter which party is in power in any state, getting the Houses adjourned in a planned manner, creating a disturbance, is not appropriate for the democracy of the country," he exclaimed.

Speaker Birla also emphasised the need for discussion on the reports of various parliamentary committees and added that discussing the reports will fix the accountability of the executive. Birla further stated that “the time has come to bring uniformity in the proceedings of the Central and State Legislatures of the country.” Speaker Birla added that a comprehensive campaign for democratic education will be launched by all the legislatures soon.

Addressing the closing session of the conclave as the chief guest, Governor of Rajasthan Kalraj Mishra said that meetings of state assemblies should be called on time. Governor Mishra took a jibe at the Gehlot government without naming the CM for not proroguing the session after the continuous session called by the Gehlot government. Mishra said that the Governor has the power to convene the assembly session on the recommendation of the state government and Assembly sessions are generally called thrice a year as the budget, monsoon and winter sessions. He added, “the session can be called anytime for any special reason, but I have realized here (Rajasthan) that after calling the session, the session is not prorogued. The practice of convening the session directly without proroguing it is fatal for democratic systems.”

Mishra said that the assembly session “is an opportunity for legislators to ask questions. There is a violation of rights and when the House is not prorogued and many meetings of the same session continue, due to which the legislators do not get the opportunity to ask the prescribed number of questions and the constitutional process is not completed.” Governor Mishra further said that there is a need to pay serious attention to duly proroguing the Vidhan Sabha and convening of new sessions.

Chief Minister Ashok Gehlot also attended the concluding session and said that a law should be brought for social security in the entire country. The Speaker of the Rajasthan Legislative Assembly, CP Joshi demanded financial autonomy for all Legislative Assemblies. A total of nine resolutions have been passed in the two-day conference.

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