Shiv Khera approaches SC, seeks publicity to NOTA as fictional candidate
A bench headed by Chief Justice DY Chandrachud issued the notice to the poll panel.
The Supreme Court on Thursday said that it was not possible for the top court to frame legislation related to defection as it is in Parliament’s jurisdiction.
The bench made this observation during a hearing of a plea seeking directions to the Centre to lay down a strict time-frame for Speakers of Lok Sabha and state Assemblies and chairperson of Rajya Sabha to decide disqualification petitions filed against MPs/ MLA for defection to other parties.
“These rampant and unchecked political defections for personal or political gain, hit at the root of Indian democracy, and violate the fundamental rights of Indian Citizens, under Article 21 of the Constitution,” the plea stated.
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The bench was headed by Chief Justice N.V. Ramana. It also comprised of A.S. Bopanna and Hrishikesh Roy. It noted that the demands listed in the petition fall within the domain of Parliament, and that it cannot frame laws.
“How can we frame legislation? There is a separate institution (Parliament) for that”. the bench said.
The bench pointed to the counsel that the same issue was raised in the case relating to disqualification of Karnataka MLAs, which was turned down by the court.
The Chief Justice said: “I have already expressed my opinion in the Karnataka MLAs case. This issue was raised in this case also and senior advocate Kapil Sibal had advanced same argument.”
The bench stated that the issue was left for Parliament to decide, and asked the counsel to read the judgment in the matter and then come back to the court.
Apex court cheduled the matter for further hearing after two weeks.
(With IANS inputs)
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