Judicial Overreach over the powers of Parliament



New Delhi: 13 th May, 2017, Dr. Udit Raj National Chairman of All India Parisangh for SC/STs expressed his views over Apex Court judgment for Kolkata High Court Justice CS Karnan. By preventing the posts and functions of justice c s karanan by Supreme Court it has created constitutional crisis . Without completing the legal proceedings , criminal contempt is slapped on him which even can't be done in case of ordinary citizens and what to talk about a judge who is protected from such actions and only parliament can do something. Thus Apex Court has created disturbance in the balance of power between Judiciary, Legislature and Executives. According to the article 214 and article 124 of the Indian Constitution, the power to impeach the judges of Supreme Court and High Courts reside with Parliament only. Earlier Apex Court took the power of appointment of judges from Parliament and now even the power to impeach is also being taken away. This has disturbed the balance between Judiciary, Executive and Legislature. If Justice Karnan would have been guilty, then Apex Court should have taken the procedures as described in the constitution. There is clear description of procedures in the constitution that should be followed. Even if Justice Karnan has made mistakes, the rights of Apex Court should have been limited to conducting investigation whereas power to impeach resides only with the Parliament.

Dr Udit Raj further added that issue is much larger than mere abrogating power of Parliament. Question arose that does Supreme Court will run the nation? This act of Supreme Court justifies why they(SC) is not accepting the conditions of Memorandum of Procedure (MOP) as suggested by Central Government. Even if Justice Karnan’s behaviour was not upto the standards, the blame resides with the selection committee. Selection was done by collegium . There must have been improper evaluation of justice c s karnan by judges only and not by other functionaries.

National Chairman of All India Parisangh, Dr Udit Raj further said that only parliament has the rights to discuss character and conduct of judges from Supreme Court and High Court. This case can set a precedence for future which will surely demean the credibility of judiciary. In other words , this act itself will weaken the independence of judiciary. It is not right to give punishment to a criminal without proper investigation. Just like what happened in this case. If this precedent is followed then anyone can be punished for any act without follow of prescribed procedures. Apex Court self assumed that accused is the culprit and gave its judgment. Also preventing news to be leaked in media is also wrong.

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