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Legislature-judiciary on a collision course in Rajasthan |
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An all party-meeting in Jaipur on April 6 has decided not to respond to the show cause notice issued by the Rajasthan High Court to four MLAs, the State Chief Secretary and the Assembly secretary, virtually creating conditions for a legislature-judiciary conflict.
Justice Ashok Parihar had issued the notice on a petition by a local lawyer who termed the debate in the Assembly on March 20 as violation of Art. 211 of the Constitution and a planned attack on the integrity of the judiciary. During the debate on the budgetary
demands of the judiciary, there were references to how the judiciary functioned.
Justice Parihar, while issuing the notices, had also sought an explanation why due care was not taken by all concerned, including the Speaker, under Article 211 at the time of the debate.
“Under Article 194 of the Constitution, the legislators have a right to speak,” Assembly Speaker Sumitra Singh said informing journalists about the outcome of the all-party meeting, attended by Chief Minister Vasundhara Raje and Congress leaders. “Even if the conduct of the Assembly during the debate on the budgetary demands of the judiciary violated the provisions of Article 211, it does not come under the purview of the court,” she argued.
The court had served notices to Nathu Singh Gurjar and Madan Rathore of the ruling Bharatiya Janata Party and Mohammed Mahir Azad and Durga Prasad Agarwal of the Congress for the remarks, which the petitioner, Amit Gupta, termed a concerted attempt
on the part of the ruling party and the Opposition to present the judiciary in a poor light. Though the all-party meeting decided to “ignore” the court notices, the question remains what will happen to the notice issued to the Chief Secretary, who is not a part of the
Assembly or the political set up.
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