The Supreme Court on Thursday issued notice to the Centre
Supreme Court of India
New Delhi: The Supreme Court on Thursday issued notice to the Centre, on a batch of petitions filed by farmers associations challenging the validity of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance contending that it was a colourable exercise of power.
They argued that the ordinance was a textbook example of blatant abuse of the powers vested under Article 123 (it requires that one of the Houses should not be in session for issuance of an ordinance and in complete disregard to all norms of constitutional propriety).
“The actions of the respondents in promulgating successive ordinances by-passing the legislative process of Parliament is not only arbitrary and violative of Article 14 of the Constitution but is also a fraud on the Constitution itself,” they said.
The petitioners said that the promulgation of the impugned Ordinance is a defiant act by the Central Executive when the issue as to the validity of the Ordinance No. 4 of 2015 (issued in March) relating to the same subject matter is already pending consideration before this court.
The Central Government in complete contravention of the basic Constitutional ethos that Law making function is of Parliament has proceeded to issue the impugned ordinance and seek to govern this country by “Ordinance Raj” and it is a fraud on the Constitution.
It was submitted that the impugned ordinance is the third ordinance to be passed successively in the last six months by the Central Government in its attempt to thrust a land acquisition law in the country which does not have the sanction of Parliament and when the bill has been referred to the Parliamentary standing committee.
( Source : deccan chronicle )
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