Judiciary cannot make legislation: Venkaiah Naidu
Mumbai (PTI): Former vice president M Venkaiah Naidu on Saturday upheld the supremacy of the legislature in law-making and asserted that the judiciary has no role in the process.
Addressing the National Legislators Conference here, Naidu said Constitution has clearly defined roles for the executive, the legislature and the judiciary and none should "think they are supreme and overstep their limits".
"The legislative powers are solely given to the legislative bodies. Whether legislation is in accordance with the Constitutional provision or not, let the courts decide. But, courts cannot make legislation. The judiciary cannot make legislation, this has to be borne in mind," the former vice president said.
"The legislature decides, the executive implements and finally if anybody violates the provisions one can go to court. The judiciary must be dynamic and they must dispose of at the earliest," Naidu said.
The former vice president's remarks come in the wake of a row over the Constitutional separation of powers as the Supreme Court directed setting up a three-member committee to select the Chief Election Commissioner and Election Commissioners till Parliament enacts a law to the effect.
Naidu also expressed anguish over the repeated disruptions in legislative assemblies and Parliament.
He suggested that political parties evolve a code of conduct for their party legislators and ensure that unruly scenes, tearing of papers and breaking of microphones are avoided in the legislative assemblies and Parliament.
"I am not trying to say that there should not be opposition, differences, and disagreements in the House. In fact, protests, differences, consent-disagreement, arguments, debates, and differences are the features of our democracy," Naidu said.
"But the protest must be dignified and in accordance with parliamentary norms. Our behaviour should be based on respect for each other and this should be consistently maintained during debate and protest in the assembly," he said.
Naidu said people's representatives should not do any such work inside or outside the house which reduces the efficiency and dignity of parliamentary democracy.
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CM Siddaramaiah appears before Lokayukta police for questioning in MUDA case
Mysuru (PTI): Karnataka Chief Minister Siddaramaiah appeared before the Lokayukta police here on Wednesday in response to the summons issued to him for questioning in the MUDA site allotment case.
The CM, who has been named as accused number 1 in the FIR registered by the Lokayukta police, is facing allegations of illegalities in the allotment of 14 sites to his wife Parvathi B M by the Mysuru Urban Development Authority (MUDA).
They had on October 25 questioned his wife, who has been named as accused number 2.
Siddaramaiah, his wife, brother-in-law Mallikarjuna Swamy and Devaraju -- from whom Swamy had purchased a land and gifted it to Parvathi -- and others have been named in the FIR registered by the Mysuru-located Lokayukta police establishment on September 27.
Swamy and Devaraju have already deposed before the Lokayukta police.
Meanwhile, the Karnataka High Court had on Tuesday issued notice to Siddaramaiah and others on a writ petition filed by RTI activist Snehamayi Krishna, seeking a direction to transfer the case to CBI.
Justice M Nagaprasanna, who also issued notice to Parvathi, Swamy, Union of India, the State government, CBI, Lokayukta and others, directed the Lokayukta to place on record investigation conducted in the case so far.
The court posted the next hearing to November 26.
On October 24, the CM filed an appeal before the division bench of the High Court, challenging the decision of a single judge bench in connection with the MUDA site allotment case that had come as a setback to him.
The bench of Justice M Nagaprasanna had on September 24 dismissed the CM's petition challenging Governor Thaawarchand Gehlot's approval for a probe against him in the case, observing that the gubernatorial order nowhere "suffers from want of application of mind".
Siddaramaiah had challenged the legality of Gehlot's sanction for the investigation against him in the alleged irregularities in the allotment of 14 sites by MUDA in a prime locality.
Following the High Court order, a Special Court here on the very next day had ordered a Lokayukta police probe against Siddaramaiah, and directed to file the investigation report by December 24.
Parvathi, meanwhile, had written to MUDA to cancel 14 sites allotted to her and the MUDA had accepted it.
On September 30, the ED filed an enforcement case information report (ECIR) to book the CM and others taking cognisance of the Lokayukta FIR, and is also probing the case.
In the MUDA site allotment case, it is alleged that 14 compensatory sites were allotted to Siddaramaiah's wife in an upmarket area in Mysuru (Vijayanagar Layout 3rd and 4th stages), which had higher property value as compared to the location of her land which had been "acquired" by MUDA.
The MUDA had allotted plots to Parvathi under a 50:50 ratio scheme in lieu of 3.16 acres of her land, where it developed a residential layout.
Under the controversial scheme, MUDA allotted 50 per cent of developed land to the land losers in lieu of undeveloped land acquired from them for forming residential layouts.
It is alleged Parvathi had no legal title over this 3.16 acres of land at survey number 464 of Kasare village on the outskirts of Mysuru.
