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Edifice of legislative coming down brick by brick: Jaitley cautions against ceding powers to judiciary

Finance minister and Leader of the House in the Rajya Sabha Arun Jaitley today cautioned legislators against ceding more powers to the judiciary.

India TV Politics Desk Published : May 11, 2016 21:31 IST, Updated : May 11, 2016 21:32 IST
File photo of FInance minister Arun Jaitley
File photo of FInance minister Arun Jaitley

New Delhi: Finance minister and Leader of the House in the Rajya Sabha Arun Jaitley today cautioned legislators against ceding more powers to the judiciary.

"Can't you see, step up step, brick by brick, the edifice of India's legislature is being destroyed,” Jaitley told members of the House.

Jaitley’s comments referring to the increasing role of the judiciary in the domain of the legislature came in a reply to a debate on the Finance and Appropriation Bills. The point of reference was the Congress suggestion for a Supreme court monitored dispute resolution mechanism to decide the contentious matters arising out of the implementation of GST.

''Let us not hand over the last power of Parliament to the judiciary and allow them to rule on matters relating to taxation as well,'' Jaitley said amid thumping of desks by several members, including those from the Congress benches.

Lamenting that the legislature, particularly Parliament, has ceded its powers to the courts, Jaitley said the major opposition party should not come forward with such a suggestion as it would amount to the judiciary encroaching into the "last bastion' of the legislature.

"We will have budget-making going outside Parliament and if there is a taxation dispute between Centre and states, a major party says now let the judge decided, so taxation power also goes," the Minister said.

Taxation is a political issue and should be sorted out politically, he said, adding this power cannot be handed over to the courts.

Coming to the GST , the Finance Minister said that he would reach out once again to the Opposition, particularly the Congress, before the Monsoon session.

Jaitley asked the Congress party to either reconsider its three preconditions -- setting up of judge-headed dispute resolution panel, putting a GST tax rate cap of 18 per cent in Constitution and abolition of 1 per cent additional tax on inter-state movement of goods -- or else allow Parliament process of voting to decided on the fate of the GST bill.

The GST Bill, though approved by the Lok Sabha, is held up in the Rajya Sabha where the ruling NDA does not have a majority.

"I will certainly be discussing with you (Anand Sharma) and your colleagues," he said, adding the government would like to take up the GST bill in the monsoon session of Parliament.

(With agencies)

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