Law Insider India

Legal News, Current Trends and Legal Insight | Supreme Court of India and High Courts

If Judiciary will have to Solve all Issues, why is Parliament there Questions CJI

2 min read

Paridhi Arya

Published on: April 8, 2022 at 14:22 IST

There are enormous Public Interest Litigations filed with Supreme Court seeking Judiciary to interfere in maintaining sanctity in Executives and Legislature.

Public Interest Litigation to Identify and Deport the Illegal migrant was filed by Advocate Upadhyay seeks urgent hearing to which Chief Justice N V Ramana stated “Every day you are mentioning one Public Interest Litigation or the other. You have filed Public Interest Litigation on MPs, Electoral Reforms and what not. These are all Political Issues which should be decided by the elected representative”.

The contention made by the Advocate was that in the states which are in border such as Jammu and Kashmir, Assam, West Bengal etc., have migrants who are Illegally Residing in India and disturbing the demographic composition of such area and Social Security of the Nation.

The Advocated also objected that on March 26, 2021 the Court asked the Centre and State to file a reply and till now matter had not listed.

The Bench said the reply Affidavit was not filed and so the Registry had not listed the matter. In the reply Solicitor General said he didn’t have a notice of this Public Interest Litigation.

Advocate Upadhayay cited the 175th Report of the Law Commission of India where Lt. General (retired) S.K. Sinha warned that due to these Illegal migrants in the Assam, local Assamese had a fear that they will shift into the Minority in their own State.

“There is a tendency to view Illegal migration into Assam as a regional matter affecting only the people of Assam. Its more dangerous dimensions of greatly undermining our National Security, is ignored. The long-cherished design of greater East Pakistan/ Bangladesh, making in-roads into the strategic land link of Assam with the rest of the country, can lead to serving the entire landmass of the North-East with all its rich resources from the rest of the Country. They will have disasters strategic and economic consequences” said by Lt. General (retired) S.K. Sinha.