Judiciary cannot interfere in Speaker's decision: SC

Judiciary cannot interfere  in Speaker's decision: SC

A five-judge Constitution bench headed by Chief Justice of India K G Balakrishnan gave this ruling while dismissing a petition by former Lok Sabha member Ramdas Athawale, questioning the then Speaker Manohar Joshi’s decision to begin the first session of Parliament in the year without the presidential address.

“Under Article 122(2), the decision of the Speaker with whom powers are vested to regulate the procedure and the conduct of business is final and binding on every member of the house,’’ said the judgment.

“The business transacted and the validity of proceedings after the resumption of sittings of the house pursuant to the directions of the Speaker cannot be inquired into by courts.’’

The judgment also said no decision of the Speaker can be challenged by a member of the house, who complains of mere irregularity in procedure in the conduct of the business.

The 14th session of the 13th Lok Sabha had commenced on December 2, 2003, and was adjourned sine die on Dec 23, 2003. Later on January 20, 2004, Joshi notified that the 14th session would resume from January 29, 2004, and the first session of the new year will not be addressed by the President.

This was challenged by Athawale contending that Article 87 (1) of the Constitution provided for mandatory address by the President for each first session in a new year and no session adjourned sine die in the preceding year could be resumed in a new year.


Dutt seeks SC nod to go abroad
Bollywood actor Sanjay Dutt on Monday sought the Supreme Court’s permission to travel abroad for shooting his under production films, reports DHNS from New Delhi.
In his application, Dutt said he needed to travel to South Africa to complete some projects. Dutt was sentenced by the TADA court to six years of imprisonment under the Arms Act for possessing illegal arms during the 1993 Mumbai blasts.

DH Newsletter Privacy Policy Get the top news in your inbox
GET IT
Comments (+)