Click to play videoJaipur The rift between the judiciary and the legislature is widening in Rajasthan. The Rajasthan High Court has issued show cause notice to the government against holding defamatory discussions on the character of judges and the judiciary in the Assembly.
The buzz is about a judiciary versus legislature standoff in Rajasthan. The show cause notice by the High Court, asking how the government could allow a discussion on judges and the judiciary in the Assembly on March 20, makes the divide most obvious.
The Court says Legislators discussed the character of judges and made derogatory remarks about them and their judgments in violation of Article 211 of the Constitution.
Rajasthan High Court retired Judge VS Dave said, “The constitution clearly bans the assembly from discussing the character of judges in the house. In fact the onus was on the speaker to intervene immediately.”
It all began with the High Court disapproving of the government's decision to appoint an IAS officer as Law Secretary.
Soon there was the controversial debate in the Assembly. And then at least seven different show cause notices to the government in just two weeks from the court.
While the government gave in on the issue of the law Secretary's appointment, it is yet to decide on how to deal with the notice on the Assembly discussion.
Rajasthan Parliamentary Affairs Minister Rajendra Singh Rathore said, “Whenever any of the pillars of democracy tow the line, situations like this one come up. Earlier also there have been instances of face off between judiciary and the legislature and these matters have gone right up to the Supreme Court and the Apex Court has given various rulings on this.”
The Rajasthan High Court has also asked the Advocate General of the state why the matter should not be referred to the constitutional bench of the Supreme Court so that clear guidelines can be drawn on issues like these involving constitutional bodies.
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