Speaker for presidential reference on Jharkhand

Updated on Mar 11, 2005 02:05 AM IST

The Centre may make a presidential reference to the Supreme Court on its interim order on Wednesday in the Jharkhand Assembly case.

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PTI | ByPress Trust of India, New Delhi

The Centre may make a presidential reference to the Supreme Court on its interim order on Wednesday in the Jharkhand Assembly case.

"In my opinion as has been suggested by many honourable leaders, to resolve all questions the respected President through the executive may be requested to seek the opinion of the Honourable Supreme Court under Art 143 of the Constitution," Lok Sabha Speaker Somnath Chatterjee said in a statement after an all party meeting from which BJP staged a walk out.

"We cannot discuss the conduct of honourable judges in Parliament. This is the respect we have for the judiciary. The judiciary is supreme in its own sphere. The Constitution has provided for the supremacy of the legislature," he said.

The Speaker said whether the Chief Secretary or the DGP can assure attendance of MLAs were issues, which were strictly within the jurisdiction of the legislatures themselves.

He noted that separation of powers of the different Constitutional organs is the basic feature of the Constitution, giving sustenance to Parliamentary democracy.

"The Judiciary is supreme in its own sphere and as such the conduct of the Judges is not permitted to be discussed in any Legislature. But bona fide views can always be expressed on any order or judgement of even the Honourable Supreme Court", he said.

The Speaker said so far as the Legislatures are concerned, Articles 122 and 212 of the Constitution are two of the most important provisions, which symbolises the supremacy of the Legislatures within their own spheres.

He said one of the suggestions made was that request may be made to the President under Article 143 of the Constitution through the executive and added that this showed the faith in the judiciary.

"With all respect to the Supreme Court, we wish to point out that in this case we have grave doubts and we feel greatly disturbed about the nature of the order the Supreme Court has passed," he said.

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