Parliamentary Sovereignty in the Spotlight: Sasmit Patra’s Controversial Take on Judiciary’s Role
In a riveting and deeply analytical address to the Rajya Sabha, Member of Parliament Sasmit Patra ignited a crucial debate on the delicate balance between legislative authority and judicial oversight in India’s constitutional democracy. Patra’s speech, rich in content and provocative in nature, delved into the fundamental principles of the separation of powers, particularly focusing on the judiciary’s role vis-à-vis the legislature.
Also read-Rajya Sabha Passes Telecommunications Bill 2023: Historic Movement (lawchakra.in)
Central to Patra’s discourse was the sovereignty of the Parliament and its legislative prerogatives. He poignantly stated,
“Some advocates there believed that even if the parliament makes laws, they can challenge and strike them down in the courts, thinking ‘What can the parliament do?’ This mindset exists. So today, I want to speak about the parliamentary sovereignty”
thereby underscoring the broader implications of judicial involvement in legislative matters. He emphasized the supremacy of Parliament in mirroring the
“true conscience and mandate of the people of this country,”
Lok Sabha Passes Key Bill On Election Commission Appointments Amid Debate (lawchakra.in)
a reflection of his deep conviction in parliamentary democracy.
Patra expressed grave concerns about judicial activism encroaching upon parliamentary sovereignty. He posed a critical question to his audience:
“Should only a bench of five judges decide and impose it on 1.4 billion people? While we, as MPs, often see our rights being eroded and remain silent, the judiciary often disrupts our legislation, like with the NJAC, and we still remain silent. This habit of silence weakens our system.”
This question challenged the legitimacy of what he perceived as judicial overreach into legislative domains. He argued that decisions with far-reaching social implications should rest with the elected representatives of the people, not with the judiciary.
The issue of same-sex marriage, which Patra had previously addressed in a legal context, served as a focal point in his speech. He argued that the decision on such a significant social issue should be made by Parliament rather than the judiciary.
Also read-“From Colonial Hangover To Police State”: Kapil Sibal (lawchakra.in)
“We often hear in the house that we are making many laws, but when we do, some members, regardless of party, say it’s pending in court or it will be contempt of court. Can the parliament ever stand in contempt of court? Can the court give rights and directives? This fear is why we are relinquishing our rights, which then go elsewhere.”
Patra remarked, drawing from his personal experiences to emphasize the gravity of the matter.
Patra also highlighted the importance of the constitutional principle of the separation of powers. He reiterated that the judiciary, while integral to democracy, should limit its role to interpretation and not extend to legislation.
“The judiciary cannot legislate as much as the legislature,”
he asserted, aligning with the idea that an imbalance between these powers could lead to the erosion of democratic principles.
A critical aspect of Patra’s address was his concern over the eroding authority of Parliament. He noted,
“This habit of silence weakens our system,”
referring to the legislature’s often passive response to judicial interventions. He argued that the fear of judicial review and potential contempt of court has led to hesitancy in legislative decision-making, a trend he found alarming.
In concluding his speech, Patra called for a reaffirmation of Parliament’s role in the democratic setup. He urged the government and fellow lawmakers to recognize and uphold the legislative authority vested in them by the constitution and the people.
“This house, this parliament, is the voice of 1.4 billion people,”
he declared, emphasizing the need for a balanced approach to governance that respects the distinct but complementary roles of each governmental branch.
Sasmit Patra’s speech in the Rajya Sabha is a significant contribution to the ongoing debate on the balance of power between the judiciary and the legislature in India. It highlights the need for a careful and conscious approach to maintaining the constitutional balance of power, ensuring that the voice of the people, as represented by their elected officials, remains paramount in the legislative process. His insights and arguments serve as a catalyst for further discussion and analysis on this fundamental aspect of India’s democracy.
Also read-Lok Sabha Passes Key Bill On Election Commission Appointments Amid Debate (lawchakra.in)
