The Hindu Business Line : HC questions Govt on PIL over N-deal, intl treaties

NEW DELHI: The Delhi High Court has pulled up the Centre for not filing its response on a petition filed by a former IRS officer seeking to restrain the government from entering into international treaties, including the Indo-US deal, without parliamenta ry approval.

Granting a last opportunity to the Centre to file its reply, a Bench headed by Chief Justice A P Shah observed that “it is not a routine matter and the Centre should be made aware about the serious issue involved in the case''.

The bench also comprising Justice S Muralidhar directed the Centre to file its reply by November 12 when the matter would be taken up for final hearing.

The court was hearing a PIL questioning constitutional competence of the government to enter into treaties with World Trade Organisation (WTO) and going ahead with the Indo-US nuclear deal without the approval of Parliament.

“A lot of treaties are being signed by our executive government through its opaque system. Indo-US Nuclear Deal is one of them. It is hence most essential that this court lays down the law governing the ambit and parameters of its treaty making competenc e,'' the petitioner, who is a former Indian Revenue Service Officer, said.

The petitioner Mr Shivkant Jha also questioned the constitutionality of India's acceptance of the obligations under the WTO without Parliamentary consent.

He cited the findings of the 'Report of the People's Commission on GATT,' prepared by a committee consisting of former Supreme Court and High Court judges, which said that “our acceptance and ratification of the Uruguay Round Final Act was clearly uncons titutional''. - PTI

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