Parliament is ?North Star? of Democracy ? Vice President

Parliament is ‘North Star’ of Democracy – Vice President

News: The recent statement by Honorable Vice President comes days after the CJI’s statement calling the Basic Structure Doctrine a ‘North Star’ that gives direction to interpreters and implementers of the Constitution.

Background:
 The Vice President has been consistent in criticizing the judiciary for “overstepping its boundaries” and has also questioned the landmark 1973 Kesavananda Bharati case verdict on the basic structure doctrine.
 According to the Vice President, the verdict had set a “bad precedent” and he stated that if any authority questions Parliament’s power to amend the Constitution, it would be difficult to say we are a democratic nation.

What is the role and function of Parliament?
 Parliament is the essence of democracy – participation by people in the decision-making process and government by consent.
 It is a place for debate/discussion/deliberation to realize the aspirations and dreams of the people of India.
 The Parliament is there to control, guide and inform the government and deliberate the process of law making.

What are the challenges faced by Parliament?
 Frequent disruptions in daily functioning of Parliament.
 Decrease in number of bills being referred to Parliamentary committees for scrutiny and thorough inspection.
 Shrinking space for the opposition
 Increasing recourse to ordinances and the bypassing of the Parliament on several important initiatives.

Parliament vs Judiciary (Recent Tussles)
o Fundamental Rights vs DPSP
o Basic Structure Doctrine
o Power of Judicial Review
o Collegium System
o National Judicial Appointment Commission

Impact of tussle between Parliament and Judiciary:
 It creates a perception of environment of distrust in the minds of common citizen.
 Impact on right of People due to lack of urgency on issues such as pendency of cases, pending appointments to higher judiciary.
 Judicial overreach.

Way Forward:
 Executive, judiciary and legislature should respect the Doctrine of Separation of powers (Article 50)
 Wherever possible Judiciary must exercise restraint
 Improving overall Governance
 Memorandum of Procedure for judicial appointments must be finalized at the earliest.