Advocate ML Sharma has filed a Public Interest Litigation (PIL) in the Supreme Court challenging the ordinance route adopted by the Central Government under Article 123 of the Constitution to amend the Representation of the People Act, 1951. On September 24, 2013 the Union Cabinet had cleared an ordinance which, if it receives Presidential assent, will nullify the judgment passed by the Supreme Court in Lily Thomas v. Union of India & Ors. [WP(c) 490/2005] on July 10 this year. Arguing that the provisions of Article 123 were being misused, Sharma has submitted in his petition that “Article 123 confers powers on the President to promulgate a law by issuing an Ordinance to enable the executive to deal with the emergent situation. Art. 123 can be invoked only in extra-ordinary emergency circumstances and on 24th September 2013 no such extra-ordinary emergency circumstances existed having a need to issue ordinance upon the Representation of the People (Amendment and Validation Bill), 2013. Impugned proceeding has been adopted under mala fide intention for their vested interest to nullify judgment dt. 10th July 2013 only.”
Posted on: Thu, 26 Sep 2013 14:15:36 +0000
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