Apex court's remarks uncalled for: MPs

Speaker Somnath Chatterjee today defended the right of the legislature to frame laws in the face Chief Justice RC Lahoti's remarks on "unwanted criticism" the apex court had faced for its ruling on the reservation in private institutions.

The Speaker said the "legislature has its own rights and Parliament, as the supreme legislative body, surely will act according to its rights under the Constitution. Similarly, the courts have their own rights to function in their own sphere without any interference".

Chatterjee said it was the "undoubted right" of the court to construe the laws passed by Parliament.

Therefore, many laws passed by Parliament are being declared ultra vires and it was binding on everybody. "What is important is that there should be a harmonious relationship between major constitutional organisations like the legislature and the court and nothing should be done or said, which may create an avoidable controversy," the Speaker said.

Reflecting the members' strong sentiments, the Speaker asserted that "we are not giving up our rights to make laws" but made it clear that "avoidable controversy" should not be created.

The only thing that struck him, said the Speaker, was that the observations made by the Supreme Court yesterday were not in any judgment and was expression of certain views with regard to what might have happened inside the House.

Leader of the House Pranab Mukherjee said the government's position was that the "independence of the judiciary is the foundation of our democratic republic and rule of law".

Ever since the adoption of the Constitution, the executive, the legislature and the judiciary had been, by and large, functioning within their demarcated areas, he said. "The government recognises that proper respect is to be shown to the judicial pronouncements," he added.

Earlier, reacting sharply to the Supreme Court's outburst on reservation in private professional colleges, members in the Lok Sabha termed the apex court's remarks as "very unfortunate" and "uncalled for".

"We also recognise that legislature has to perform its duties to translate into action the programmes of the government," he said.

He added that "on occasions, where the interests of the nation demand that laws should be enacted to carry forward social, economic programmes, legislature has enacted laws keeping in view the various judgements of the apex court," he said.

While the BJP too defended the right of the legislature, the party's deputy leader in the Lok Sabha, VK Malhotra said that the recent events like framing like moves to frame new laws to replace the IMDT Act which had been struck down by the Apex court and to impose religion based reservations had annoyed the Apex court. 'There is a background to the chief justice's statement,' said Malhotra.