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Articles: TP Features | Politics of the Executive - Mr. Sreenivas YL
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The pro-tem speaker’s behavior in fact invited the wrath of the Supreme Court. When some critics pointed out that this is intervention of judiciary into legislature, it is been clarified by the legal luminaries that such intervention is necessary to tackle the aberrations. The Supreme Court also made it amply clear that its intention was tackling the aberrations. The failure of the legislative and the executive in following the established norms necessitate the intervention of the Supreme Court.
The other incident is the expulsion of members of Parliament for reportedly accepting bribes to field questions. The expelled members went to court stating that they were not given opportunity to explain their position and therefore, the expulsion was unilateral. The Lok Sabha speaker made a statement that he would not respond to Supreme Court’s notice on the issue, for Lok Sabha is autonomous and therefore, what happens in Lok Sabha is beyond the judicial scrutiny. The legal opinion on the issue is divided. While the expelled members assert their fundamental right to explain their position before the punishment, the speaker Lok Sabha talks in terms of autonomous powers enjoyed by the lok sabha. This issue which is under the consideration of Hon’ble Supreme court will offer more clarifications on the role of judiciary and legislature.
The point which I would like to substantiate while dealing with the clashes between the legislature and the judiciary is that such clashes between the two are inevitable and healthy. The clash between the judiciary and legislature is natural because the legislature enacts laws and judiciary interprets them and both rely on the constitution. The in built correctives in the constitution avert constitutional dead-lock.
But the executive which is essentially an agency to implement laws cannot clash either with judiciary or with the legislature. But what has been happening ever since Rajasekhar Reddy Government came into power is something unprecedented in the history of the Indian democracy. For the first time officials are showing extra anxiety to make political statements. Such engagement of officials in political debates is unhealthy. The statement of the irrigation advisor and the irrigation secretary in fact do not surprise those who have been following the developments in this government. It all began during the discussion on the irrigation projects all most a year ago. In response to TDP allegation of corruption in irrigation projects and their insistence on a discussion in the assembly over the allegations of corruption, the Rajasekhar Reddy government instead of discussing the issue in the assembly preferred a discussion at the project sites with the representatives of the political parties and the government officials.
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