Judiciary
Read the following news report and,
1. Identify the governments at different levels.
2. Identify the role of Supreme Court.
3. What elements of the working of judiciary and executive can you identify in it?
4. Identify the policy issues, matters related to legislation, implementation and interpretation of the law involved in this case.Centre—Delhi joins hands on CNG issue—
By our Staff Reporter, The Hindu 23 September, 2001
New Delhi Sept. 22. The Centre and the Delhi Government today agreed to jointly approach the Supreme Court this coming week.... for phasing out all non-CNG commercial vehicles in the Capital. They also decided to seek a dual fuel policy for the city instead of putting the entire transportation system on the single-fuel mode “which was full of dangers and would result in disaster.”
It was also decided to discourage the use of CNG by private vehicle owners in the Capital. Both governments would press for allowing the use of 0.05 per cent low sulphur diesel for running of buses in the Capital. In addition, it would, be pleaded before the Court that all commerical vehicles, which fulfil the Euro-Il standards, should be allowed to ply in the city. Though both the Centre and the State would file separate affidavits, these would contain common points. The Centre would also go out and support the Delhi Government’s stand on the issues concerning CNG.
These decisions were taken at a meeting between the Delhi Chief Minister, Ms. Sheila Dikshit, and the Union Petroleum and Natural Gas Minister, Mr. Ram Naik.
Ms. Dikshit said the Central Government would request the Court that in view of the high powered committee appointed under, Dr. R. A. Mashelkar, to suggest an “Auto Fuel Policy” for the entire country, it would be appropriate to extend the deadline as it was not possible to convert the entire 10000 odd bus fleet into CNG during the prescribed time frame. The Mashelkar Committee is expected to submit its report within a period of six months.
The Chief Minister said time was required to implement the court directives. Referring to the coordinated approach on the issue, Ms. Dikshit said this would take into account the details about the number of vehicles to be run on CNG, eliminating long queues outside CNG filling stations, the CNG fuel requirements of Delhi and the ways and means to implement the directive of the court.
The Supreme Court had......refused to relax the only CNG norm for the city’s buses but said it had never insisted on CNG for taxis and auto rickshaws. Mr. Naik said the Centre would insist on allowing use of low sulphur diesel for buses in Delhi as putting the entire transportation system dependent on CNG could prove to be disastrous. The Capital relied on pipeline supply for CNG and any disruption would throw the public transport system out of gear.
1. The Central Government and the Delhi Government.
2. The role of Supreme Court is that to see that the government policies and actions at central as well as states are in tune with the parameters of the pollution control regimes or not. If not – it has to see that the governments comply with these parameters. It is in these regards that the Supreme Court had asked for phasing out all non-CNG commercial vehicles on Sept. 22, 2001 within a week. Keeping in view the difficulties in implementing it, the Supreme Court later gave a breather to the government that it had never insisted on CNG for taxis and auto rickshaws but it refused to relax the only CNG norm for city’s buses.
3. This episode shows the judicial activism of the Courts. The Supreme Court was concerned about the environmental degradation in the city. To stop the delaying to cities of the Delhi Government, it had come heavily and had directed for phasing out of all non-CNG Commercial vehicles in week. It is the duty of the government to ensure a pollution free environment. Here check and balance was also operating between the executive and the judiciary. The Judiciary has to see that the government does not byepass its commitments. The Contempt of Court may follow if the government is not able to comply with the direction of the supreme court.
Sponsor Area
Why do we need courts?
What are the essential qualifications of a High Court Judge?
What is the age of retirement for a High Court Judge?
Which is the highest–judiciary authority in India?
Or
In which city the Supreme Court of India is establish?In how many categories court cases are divided broadly? Explain briefly.
What do you understand by the term judiciary?
Briefly describe the Advisory Powers of the Supreme Court of India.
Describe the original jurisdiction of the Supreme Court.
How can a judge of the Supreme Court be removed from his office?
Describe the composition of the Supreme Court of India.
Sponsor Area
Sponsor Area