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HC can`t ask legislature to amend constitutional provisions

Last Updated: Wednesday, March 9, 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 9, 2011 - 18:29

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