This, according to the petitioner, is in contravention to the doctrine of separation of powers emphasized in Article 50 of the Constitution of India.
“However, by overlooking the constitutional mandate, executive is allowed to function as an appellate authority by stealing away judicial authority, which is a clear indication of the unconstitutionality of the ordinance.The duty of the judicial body/judiciary, is to adjudicate and the duty of the executive, as required by the constitution, is to execute the order passed by the judiciary. But now, through the ordinance, there is reversal of the function. The executive would now function as an appellate body rather to execute the order passed by the judiciary,” the plea said.
The petitioner pointed out that after the enactment of the Kerala Lokayukta Act, the Union Government came out with the Lokpal Act and as such the assent given by the Governor to the ordinance without instructions from the President is violative of the constitutional mandate, since the introduction of the bill in the legislature requires the sanction of President.
“When the field is already occupied by the central Legislation, in spite of Section 63 of the Central Act, a law made by the State shall not be inconsistent to the provisions of the Central Act and any law so made which is inconsistent with the Central Act will be void to that extent as provided under Article 254(2) of the Constitution of India,” the plea stated.
Source: Barandbench
