When Parliament makes bad laws, judges end up doing what lawmakers should do: former V-P Ansari
New Delhi: When Parliament makes bad laws, they end up in courts where judges do what the lawmakers should be doing, former vice president Hamid Ansari said on Saturday.
Addressing an event here, he also said that good laws are made when Parliament and assemblies are not called to endorse the views of the ruler of the day.
Ansari lamented that Parliament and assembly sessions have become more of a "ritual".
"As we make bad laws, sooner or later they end up in some high court or the Supreme Court and what should have been done by Parliament is being done by judges," he said adding that such a "fault" can be corrected.
The former Rajya Sabha chairman said that Parliament, which earlier used to meet for 10 days, is now sitting for 60 days per annum, while in other countries legislatures meet for 120 to 150 days.
Ansari also said that for any law or rule to be framed, ample time is needed for discussion but parliament and assembly sessions have today become more of a "ritual" where "you meet, say a few things, stay a few days together and go".
The former vice president, who was speaking at the event 'Sansad 2020', stressed that consent of people and expression of wishes of people are essential in a democracy.
He also said the consultation process has to be "fair and open" in a democratic system.
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Ordinance issued to increase number of Supreme Court judges from 34 to 38
New Delhi (PTI): The government has promulgated an ordinance to increase the strength of the Supreme Court from the present 34 judges to 38, including the Chief Justice of India.
The law ministry notified the ordinance on Saturday, which amended the Supreme Court (Number of Judges) Act, 1956, to increase the sanctioned strength of the top court.
So far, the sanctioned strength of the top court was 34, including the Chief Justice of India (CJI). Now, the number of judges has been increased by four, taking the sanctioned strength to 38.
The top court will now have 37 judges, other than the CJI.
With the apex court having two vacancies at present, and the ordinance coming into force immediately, the Supreme Court Collegium will now have to recommend six names for appointment as judges in the top court.
A bill will be brought in the Monsoon Session of Parliament to convert the ordinance – an executive order – into a law passed by Parliament.
The Union Cabinet had cleared a draft bill on May 5 to increase the number of apex court judges.
The strength of the Supreme Court was last increased from 30 to 33 (excluding the CJI) in 2019.
The Supreme Court (Number of Judges) Act, as originally enacted in 1956, put the maximum number of judges (excluding the CJI) at 10.
This number was increased to 13 by the Supreme Court (Number of Judges), Amendment Act, 1960, and to 17 by another amendment to the law.
The Supreme Court (Number of Judges) Amendment Act, 1986, augmented the strength of judges from 17 to 25, excluding the CJI.
A fresh amendment in 2009 further increased the strength from 25 to 30.
Article 124(3) of the Constitution lists the qualifications required to become a Supreme Court judge.
An Indian citizen who has either served as a high court judge for at least five years, or as an advocate for 10 years, or is a distinguished jurist, can be appointed to the top court.
The strength of the Supreme Court is increased based on the recommendations of the CJI, who writes to the Union law minister. After consulting the finance ministry, the Department of Justice under the law ministry moves the Cabinet with a draft bill.
