HC can`t ask legislature to amend constitutional provisions
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Last Updated: Wednesday, March 09, 2011, 18:29
New Delhi: The Delhi High Court on Wednesday came down heavily on a civil services aspirant for filing a PIL seeking a direction to the Centre to amend constitutional provisions relating to right to equality, saying judiciary cannot command the legislature.

"We cannot command the legislature to amend the Constitution. You have made sweeping and general observations in the petition which is nothing less than a running commentary," a bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna said.

The bench then asked petitioner Praveen Kumar Singh to withdraw his petition seeking amendment in Article 14 and 15 (which deal with the right to equality) of the Constitution.

"Persons of under privileged class are being ignored and sometimes, they are virtually insulted and humiliated in the public places, in the offices and other social gathering including the public transport system," Subir, advocate for Singh, said.

He said that the words such as "physical appearance and other related deprivations" be added to the constitutional provisions so that under privileged persons can also enjoy their right to equality.

On being insisted that the Centre be asked to amend the law, the bench got irked saying "where is the petitioner?" The court then put several questions related to French Revolution after it was intimated by petitioner Singh that he was preparing for the UPSC examination.

"Before talking about the the rights of the poor, you first visit to places like Kalahandi and Bolangir in Orissa to know the first-hand account of their plight," it said, adding, "We cannot entertain such a running commentary."


First Published: Wednesday, March 09, 2011, 18:29

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