24 November, 2020

Border Dispute

The judiciary-legislature tussle is as old as the Indian republic

Border Dispute

IT appears a certain provincial (state) government has issued directions that the recommendations of the (high court) Chief Justice, instead of being sent to the Premier (chief minister) should be sent to the Chief Secretary, who in some instances, has asked the assistant secretary to correspond further with the High Court in the matter." Laloo Yadav’s Bihar and the fodder scam couldn’t have been on the mind of B. Pocker Sahib of Madras when he made this point in the Constituent Assembly on May 24, 1949. But by then, the body which was drawing up the nation’s Constitution was already seized of the possible tensions that could develop between the two pillars of Indian democracy in the long run.

When the member spotted a tendency to treat the High Court as a part of the Home department, the Assembly unanimously laid down norms for the appointment of judges. This obviated the need for the court’s chief justice to discuss matters with the chief minister and the state home minister, and justify his recommendations before them.




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