'Indian Parliament is not sovereign', Jethmalani counters FM

November 29, 2015 20:35

Eminent jurist Ram Jethmalani today asserted that Indian Parliament "is not sovereign" for its decisions can be challenged in court, as he hit out at Finance Minister Arun Jaitley for criticising the Supreme Court

verdict to scrap NJAC Act on appointment of higher judiciary.

National Judicial Appointments Commission Act was the "product of complete unity between the old corrupt government and the new corrupt one", the former BJP member alleged.

Speaking at the 155th anniversary celebrations of Indian Penal Code 1860, organised by Directorate of Prosecution in Kerala, Jethmalani came down heavily on Jaitley for terming "erroneous" the Supreme Court's reason for striking down the NJAC Act and saying "Indian democracy cannot be a tyranny of the unelected".

"Ask any politician, particularly the Prime Minister. He will tell you that Parliament of India is sovereign.

"Every student of the Constitution in the LLB class knows that Parliament of India is not a sovereign body...Parliament of England is sovereign because the judiciary has no power to set aside any legislative Act by the Parliament," Jethmalani said here, referring to the Supreme Court's verdict striking down as unconstitutional the NJAC Act which would have

replaced the collegium system.

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