Dear Friends,
SEC. 23 OF THE RTI ACT, 2005, EMPHATICALLY STATES –
BAR OF JURISDICTION OF COURTS.
THE COURTS STILL ENTERTAIN - WHAT COULD BE THE REASON..................
Index of Relevant Points:
Part - I
1. The Constitution of India has a Basic Structure.
2. Parliament (Legislature) has the power to amend the Constitution.
3. But can the Parliament amend the Constitution to the extent of amending the Basic Structure of the Constitution itself.
Part - II
4. Supreme Court's position on the subject.
5. Case Laws by the Supreme Court.
6. Conclusion.
7. FINALLY - Can the Basic Structure of the Constitution ever be amended?
Part - I
1. The Constitution of India has a Basic Structure:
[Basic Structure of the Constitution has been defined in detail in Kesavananda Bharti V. State Of Kerela (AIR 1973 SC 1461).]
One of the features of the Basic Structure of the Constitution is that every aspect of governance will be governed by three branches namely, The Legislature, The Executive & The Judiciary.
2. One of the three branches of government, (Legislature) Parliament has been conferred under Article 368, the power to amend the Constitution itself.
3. So, Can (Legislature) Parliament, which is not the only branch of government (mind you) but one of the three branches of government, make a law which excludes any one of the three branches of the government, from an aspect of governance?
For Example, Can Parliament make the following law:
(a) Bar of President from this particular law: President's (Executive's) signature is not required for this particular law to come into effect.
OR
(b) (Legislature) Bar of Parliament from this particular law: Henceforth Executive / .... will legislate on this particular subject.
OR
(c) Section 23: Bar of Jurisdiction of Courts from this particular law.
As one can see, in each of the above examples, one of the three branches of the government has been excluded / barred from a particular aspect of governance.
REITERATE: So, Can Parliament make Laws which either INDIRECTLY amends the Constitution (for example sec. 23 of the RTI Act, 2005) OR Invoke Article 368 and DIRECTLY amend the Constitution to exclude any one of the three branches of the Government from a particular aspect of governance, thereby violate the Basic Structure of the Constitution, which lays down that there will be three branches of Government for every aspect of governance?
PART II to be continued ............................
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