A fiery speech by MP Sasmit Patra has gone viral on the social media in which he sheds light on Judiciary Vs legislature. A crucial aspect that goes beyond the discussion during passing three proposed laws aiming to overhaul the criminal justice system. The focus shifted towards the concept of parliamentary sovereignty, emphasizing the need for MPs to assert their legislative competence.
BJD MP Sasmit Patra said it all!pic.twitter.com/rNc1qosqTi
— The Hawk Eye (@thehawkeyex) December 23, 2023
Who is Sasmit Patra?
Sasmit Patra is an Indian politician. He is a member of the Biju Janata Dal party. Since June 28, 2019, he has been serving as a Member of Parliament in India, representing Odisha in the Rajya Sabha, which is the upper house. He is also the chief whip of the party. Currently, he is the spokesperson of Biju Janata Dal. Sasmit Patra is a Christian, and his father was Swarupananda Patra, the former president of the Odisha Minority Forum. In May 2022, he was renominated to the Rajya Sabha by the Biju Janata Dal for the second time.
The Highlight of Sasmit Patra Speech
Legislative Competence: Unraveling the Power Dynamics
Sasmit Patra, who also practices law, drew attention to a prevailing sentiment among some legal practitioners. They hold the belief that even if Parliament enacts a law, it can be challenged and struck down in the judiciary. This notion prompts a deeper exploration of legislative competence, where the authority of Parliament to enact laws is put under scrutiny.
Questioning the Scope of Judicial Pronouncements
Expressing concern over the impact of judicial pronouncements, Sasmit Patra pondered whether decisions affecting the lives of 140 crore people should solely rest in the hands of a bench of five judges. Patra questioned whether such decisions should be imposed on the entire nation without extensive parliamentary involvement.
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Parliament’s Reflex and the Mandate of the People
Sasmit Patra highlighted the significance of parliamentary reflex, emphasizing the essential role of Parliament as the voice of 140 crore people. Instances where the judiciary takes away legislative rights while Parliament remains silent were pointed out, raising concerns about the potential weakening of parliamentary authority.
The Delicate Balance: Judiciary, Legislature, and Executive
Quoting the Vice President’s insights on the basic structure and separation of powers, Sasmit Patra stressed the importance of collaboration among the three pillars of democracy – the legislature, the judiciary, and the executive. Acknowledging that each organ has equal importance, Patra cautioned against overreliance on judicial interventions.
The Challenge: Asserting Parliamentary Sovereignty
Sasmit Patra issued a challenge to the government, emphasizing that the House of MPs represents the collective voice of the people. Asserting that the fate of laws enacted by Parliament should not be solely at the mercy of a judiciary bench, Patra underscored the need for a more balanced and empowered parliamentary role.
Preserving Sovereignty and Duty Towards 140 Crore People
Concluding the address, Sasmit Patra urged MPs to recognize the separation of powers and the equal footing of the legislative, executive, and judiciary branches. Emphasizing that the Constitution is supreme, Patra reminded fellow MPs of their sovereignty and duty towards the 140 crore people they represent. The call echoed for a more empowered and decisive role for Parliament in shaping the legislative