write a short note on conflict between parliament & judiciary
Answers
Explanation:
Parliament and the Judiciary
Background Note for the Conference on Effective Legislatures
Parliament, the Judiciary and the Executive are the three key arms of the state, with well-defined spheres of
authority under the Constitution. Parliament represents the law making arm, the Executive is responsible for
enforcement of laws, and the Judiciary is in charge of interpretation of the Constitution and laws as well as dispute
resolution. Each institution acts as a check and balance on the others’ powers, which may create tension in their
relationships. In this note, we examine how the relationship between Parliament and the Judiciary has evolved
over the years.
Parliament and the Judiciary: The Constitutional Relationship
The Constitution provides for a separation of powers between
Parliament and the Judiciary by demarcating their roles and
responsibilities. It also lays down various ways by which (i) the
Judiciary may guard against the unconstitutional exercise of
power by Parliament, and (ii) Parliament may legislate on or act
as a check in matters related to the Judiciary.
Parliament’s Powers and Privileges
Powers: Parliament enacts laws, exercises oversight over the
Executive, sanctions government expenditure and represents
citizens. It also has the power to amend the Constitution. Note
that Parliament has the power to legislate on matters related to
the Judiciary such as its powers, jurisdiction, organisation and
service conditions of judges. It also has the power to remove
judges on grounds of proved misbehaviour or incapacity.
Immunity from court proceedings: To grant Parliament
autonomy in its functioning, the Constitution guarantees certain
protections to parliamentary proceedings and those participating
in them. For example, Members of Parliament (MPs) enjoy
immunity from court proceedings for anything that they say or
any vote that they make in Parliament. The Constitution bars
the courts from examining validity of parliamentary proceedings on grounds of irregularity of procedure. The
courts also cannot hold any person liable for any material (e.g. reports and proceedings) that is published under
the authority of Parliament. They also cannot question any officer of Parliament or MP regarding actions taken by
them for regulating business or maintaining order in Parliament.
Judiciary’s Responsibilities and Powers
Powers: The Judiciary adjudicates disputes and administers justice under criminal law. In addition, the higher
judiciary (Supreme Court and High Courts) acts as the custodian of the Constitution because it is responsible for
its interpretation and enforcement. The higher judiciary also has the power to strike down laws of Parliament and
actions of the Executive as invalid, if they violate the Constitution. This is called the power of judicial review.
For example, a law may be declared as invalid if it violates the fundamental rights guaranteed by the Constitution.
A law may also be declared invalid if its subject-matter is outside Parliament’s area of competence (e.g. a central
law on police may be invalid because police falls within the state legislatures’ domain).
Striking down of Section 66A of the Information Technology Act, 2000: An exercise of judicial review
Section 66A of the Information Technology Act, 2000 stated that any person who by means of a computer or device sends any information
that is: (i) grossly offensive, (ii) false and meant for the purpose of causing annoyance, inconvenience or danger, (iii) meant to deceive the
recipient, shall be punishable with imprisonment up to three years and fine.
The Supreme Court exercised its power of judicial review and struck down this provision as unconstitutional. It held that Section 66A
violates Article 19(1)(a) of the Constitution that protects freedom of speech and expression.
Sources: Shreya Singhal vs Union of India, Supreme Court, Writ Petition (Criminal) No. 167 of 2012, March 24, 2015; PRS.