//Courts cannot pre-empt nature of legislative policy'

Courts cannot pre-empt nature of legislative policy'

New Delhi, Oct. 17 (PTI): Maintaining that the Supreme Court directive on OBC reservation policy was an "encroachment" on Parliament's powers, the CPI(M) today said the courts cannot "pre-empt and influence" the nature of a legislation or policy.

Observing that the proposed legislation on OBC quota was at presentl the sole property of the Parliamentary Standing Committee which was considering it, the party Polit Bureau said this Committee was "exclusively accountable to Parliament itself and through it to the sovereign — the people of this country".

"The courts can, however, examine the constitutional validity of a legislation, but, in no case, can it pre-empt and influence the nature of legislation or policy", it said in a statement.

The CPI(M) said the "basic precept" of Constitution was that while policy-making, subject to Parliament's approval, was "an exclusive prerogative of the Executive", legislation was that of Parliament.

In a law-making process, the government's role was limited to the introduction of a law and once this was done, it became a property of the legislature and its passage and amendment decided by Parliament.

The Parliamentary Standing Committee was exclusively accountable to Parliament and through it to the sovereign, the CPI(M) said, adding that "government or anybody else has no ownership over the report of the Standing Committee till it is placed on the table of the House and becomes public".