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July 16, 2011
Judiciary taking over executive's functions: Govt to SC
Dhananjay Mahapatra, TNN - Jul 16, 2011, 01.10am IST
NEW DELHI: The Centre on Friday vented its strong opposition to what it termed the judiciary taking over the executive's function and moved the Supreme Court seeking recall of the black money order to oversee a probe that includes alleged hawala operations of Hasan Ali Khan and Kashinath Tapuria.
"The order completely eliminated the role and denuded the constitutional responsibility of the executive which itself is answerable to Parliament," the UPA government said, reflecting its growing irritation about judiciary inserting itself in the black money probe and also its growing frustration over setbacks in cases like Salwa Judum and the 2G scam.
Although it has been chafing for a while now, this is the first time the government openly termed an SC order delivered on July 4 on black money as a clear instance of judicial overreach and sought stay of its operation.
The courts do not substitute their views and judgment in matters which squarely fall within the executive's domain, the government said and alleged that the black money order completely erased the executive's role.
"It is contrary to settled legal principle that the function of the court is to see that lawful authority is duly exercised by the executive, but not to take over itself the tasks entrusted to the executive," the Centre said.
Referring to SC's comments on the Union government's policy decision on Double Taxation Avoidance Treaty, the Centre said the judgment "impinges upon the well settled principle that courts do not interfere with the economic policy which is the domain of the executive and that it is not the function of the court to sit in judgment over the matters of economic policy, which must necessarily be left to the expert bodies."
Reflecting the deep resentment against the July 4 order of Justices B Sudershan Reddy and S S Nijjar, it said: "The said order impinges upon the principle that in matters of utilities, tax and economic policy, legislation and regulation cases, the court exercises judicial self-restraint if not judicial deference to the acts of the executive, since the executive has obligations and responsibility both constitutionally and statutorily."
The SC had set up a SIT headed by a retired Supreme Court judge accusing the government agencies of probing the black money, an issue of national importance, laggardly.
It said: "The discussion of economic theories and the wide ranging criticism of the state in paras 1 to 20 is uncalled for, unjustified and made without any discussion in court or material therefore."
It objected to the SC's criticism of Double Taxation Avoidance Treaty (DTAA) and said: "The order so far it purports to subject the treaty making powers of the sovereign countries to judicial review impinges upon the legal and constitutional principles that such treaties are not subject to judicial review of courts."
source:http://timesofindia.indiatimes.com/...-functions-Govt-to-SC/articleshow/9241091.cms
Judiciary taking over executive's functions: Govt to SC
Dhananjay Mahapatra, TNN - Jul 16, 2011, 01.10am IST
NEW DELHI: The Centre on Friday vented its strong opposition to what it termed the judiciary taking over the executive's function and moved the Supreme Court seeking recall of the black money order to oversee a probe that includes alleged hawala operations of Hasan Ali Khan and Kashinath Tapuria.
"The order completely eliminated the role and denuded the constitutional responsibility of the executive which itself is answerable to Parliament," the UPA government said, reflecting its growing irritation about judiciary inserting itself in the black money probe and also its growing frustration over setbacks in cases like Salwa Judum and the 2G scam.
Although it has been chafing for a while now, this is the first time the government openly termed an SC order delivered on July 4 on black money as a clear instance of judicial overreach and sought stay of its operation.
The courts do not substitute their views and judgment in matters which squarely fall within the executive's domain, the government said and alleged that the black money order completely erased the executive's role.
"It is contrary to settled legal principle that the function of the court is to see that lawful authority is duly exercised by the executive, but not to take over itself the tasks entrusted to the executive," the Centre said.
Referring to SC's comments on the Union government's policy decision on Double Taxation Avoidance Treaty, the Centre said the judgment "impinges upon the well settled principle that courts do not interfere with the economic policy which is the domain of the executive and that it is not the function of the court to sit in judgment over the matters of economic policy, which must necessarily be left to the expert bodies."
Reflecting the deep resentment against the July 4 order of Justices B Sudershan Reddy and S S Nijjar, it said: "The said order impinges upon the principle that in matters of utilities, tax and economic policy, legislation and regulation cases, the court exercises judicial self-restraint if not judicial deference to the acts of the executive, since the executive has obligations and responsibility both constitutionally and statutorily."
The SC had set up a SIT headed by a retired Supreme Court judge accusing the government agencies of probing the black money, an issue of national importance, laggardly.
It said: "The discussion of economic theories and the wide ranging criticism of the state in paras 1 to 20 is uncalled for, unjustified and made without any discussion in court or material therefore."
It objected to the SC's criticism of Double Taxation Avoidance Treaty (DTAA) and said: "The order so far it purports to subject the treaty making powers of the sovereign countries to judicial review impinges upon the legal and constitutional principles that such treaties are not subject to judicial review of courts."
source:http://timesofindia.indiatimes.com/...-functions-Govt-to-SC/articleshow/9241091.cms
