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Separation of Power

Document Cited in Related
Vincent
AuthorStatesman News Service
Date25 December 2020
Published date25 December 2020
The Andhra Pradesh High Court, functioning as a handmaiden of the ousted Telugu Desam government of Chandrababu Naidu, passed an interim order on 1 October, calling on the senior counsel appearing for the State to come prepared to assist the court as to whether in circumstances prevailing in the State the court can record a finding that there is constitutional breakdown in Andhra Pradesh.

The order was passed in 14 habeas corpus petitions. The Supreme Court found the High Court order, a prelude to getting the Andhra Pradesh government of YSR Jaganmohan Reddy dismissed, 'disturbing'.

Heading a three-judge Bench, Chief Justice of India SA Bobde on 18 December stayed the AP High Court order saying, as the apex court, "we find this order disturbing." The High Court's order violates the Basic Structure doctrine of the Constitution and seemed to have reversed the judgment of the nine judge apex court Bench in the SR Bommai case laying down the scope of Article 356.

There is no denying the fact the AP High Court has been constantly meddling with the decisions of the Jaganmohan Reddy government which have affected its functioning. The court was responsible for causing the Supreme Court to direct the Union government to establish 12 Special Courts to try exclusively various cases pending against serving legislators.

Special Courts should be offence-centric and not offender centric and could not be established on the basis of executive orders. A clutch of criminal cases has been pending against Jaganmohan Reddy which he is facing bravely.

An exasperated Chief Minister filed a...

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