Demolishing the law

Legislature draws the line in the case of the Delhi Law (Special Provisions) Act 2006

The Supreme Court has done it. Parliament has been shown its limits in the business of enactments when the Supreme Court said that the Delhi Law (Special Provisions) Act 2006 was wholly invalid and void as it was an attempt to overrule the orders issued by the Supreme Court for demolition of illegal structures and sealing of business establishments that were operating from residential localities. Parliament did not have the authority to function as a super-appellate body.

Despite knowing that Supreme Court would act in this way, politicians were acting on their vote bank interests. While the Congress legislators and councillors were putting pressure on the Congress High Command to put an end to demolitions and sealing of shops, the Bharatiya Janata Party had taken to streets to put a halt to the drive that was initiated under the orders of the apex courts.

The worst is yet to come because the Delhi Law (Special Provisions) Act 2006 was used not only to put on hold further demolitions and sealing of business premises but it was also given a retrospective effect by desealing shops and business premises that were sealed under the Delhi High Court Orders. It was a clear invitation to the wrath of the apex court as that act had really undone what had been ordered by the Supreme Court. The Delhi Municipal Corporation had no such authority to undo what had been ordered by the Supreme Court and the DMC was made to comply with it.

Parliament was not made ever before to function as a super-appellate authority to overrule orders of the apex court. But politicians were blind in panic. Bureaucrats were made to draft the legislation that would provide a moratorium of a year to those who were illegally operating their business from the residential areas which was a total violation of the Master Plan for Delhi. Where were the legal brains that could have easily seen that what the Urban Development Ministry was attempting would be struck down by the apex court as soon as the issue was brought before it in a form of Public Interest Litigation.

Now the Councillors tell us that they would insist that the government must bring forth the ordinance on the patterns of the Mumbai ordinance to undo what the Supreme Court is likely to order after it receives the reply by the Urban Development Ministry in justification of its action in legislating to stop demolitions and sealing of business premises in the National Capital Region. No court orders were issued in case of Mumbai but the Courts have ordered demolitions and sealing of business premises in Delhi. Even the ordinance would be an attempt to overrule the court orders and it would tantamount to overruling the orders of the Supreme Court. It would mean that the Executive was functioning as the super-appellate authority and the apex court would come down even more heavily against any such endeavour by the government.

The government would have to file its reply before the Supreme Court. Whatever be the reply, it would not pass the muster is apparent because the Supreme Court has clearly seen the legislation as an attempt to nullify orders it had issued. Parliament cannot afford a confrontation with the Supreme Court as the Constitution does not provide it any authority to function as the super-appellate authority. It is also obvious that the opposition as well as several partners in the United Progressive Alliance would also not endorse any attempt to pass the same legislation again as it would tantamount to a confrontation with the Supreme Court. The 14th Lok Sabha is again and again making mistakes that are fraught with danger of a confrontation with the judiciary.