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Judicial activism undemocratic, unconstitutional : LS Speaker

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Agencies

Posted: Jan 30, 2008 at 1817 hrs IST

Kolkata, January 30: Judicial activism was ‘undemocratically and unconstitutionally;’ taking away the rights of the executive and the legislature, Lok Sabha Speaker Somnath Chatterjee said.

There was clear mention in the Constitution that the judiciary had no jurisdiction in the procedures and proceedings of the legislatures and the Lok Sabha, he said.

He said it was a matter of concern that the judiciary was intervening in executive decisions.

''This judicial activism is unfortunate and uncalled for,'' Chatterjee told a 'face-to-face' programme at the Kolkata Press Club.

He was particularly critical of the judiciary while referring to the Calcutta High Court's order disallowing the holding of Kolkata Book Fair at the Park Circus Maidan on the ground of environment pollution and violation of fundamental rights.

''This decision of the high court is unfortunate,'' he

said.

Asked if judicial activism would strike at the root of democracy, the Speaker replied, "certainly."

He said it was he who had protested judicial activism in a no-trust motion in the Jharkhand assembly a few years ago ''wherein the Assembly Speaker was directed to conduct the House as per court order and reported to it accordingly.

''I then protested and my protest was acknowledged

later,'' Chatterjee said.

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