The Supreme Court was hearing the appeal of the Andhra Pradesh government against a higher court order
New Delhi:
On Friday, the Supreme Court called disturbing and suspended the provisional order passed by the Andhra Pradesh High Court that had requested the assistance of the state government to ask if it can record a finding that the constitutional machinery has been broken there.
The appeal filed by the state government against the October 1 provisional order of the superior court was presented to a court headed by Chief Justice, SA Bobde, which suspended proceedings in the matter before the superior court.
“We find it disturbing,” observed the podium, also made up of Justices AS Bopanna and V Ramasubramanian, during the hearing via videoconference.
The request for amendment of the request for special license is allowed. Issue a notice that will be returned immediately after the following 2020 Christmas / New Years holidays. Until new orders are made, there will be a stay of additional proceedings, the higher court said in its order.
The magistracy was hearing the appeal of the state government that said that in the interim order, the high court in an unprecedented way and without any basis or argument from any of the parties to that effect, has asked the following question: on the next date The learned senior attorney appearing on behalf of the state may come prepared to assist the court as to whether, in circumstances prevailing in the state of Andhra Pradesh, the court may record a finding that there is a constitutional breakdown in the state or not. .
The appeal said that under the Constitution, Article 356 deals with provisions in the event of a failure of the constitutional machinery in the state.
Under this article, if the president, upon receiving a report from the governor of a state or otherwise, is satisfied that a situation has arisen in which the government of the state cannot be carried out in accordance with the provisions of the constitution, the president can impose presidents Rule, he said.
This is an exclusive power of the Executive. Power in this regard, such as sending a report to the President or Governor or registering a finding in that regard, cannot be exercised by the Judiciary, according to the appeal.
He said the high court wanted to consider the question of whether there is a flaw in the constitutional machinery in the state while hearing the habeas corpus petition.
A habeas corpus petition is a petition filed to ensure that a person under alleged unlawful detention is brought before a court to determine whether the detention is lawful.
It is stated with the utmost respect that the issue mentioned in the High Court is not only unprecedented, but also unjustified; violation of the basic structure of the Constitution; and, it is presented with the utmost respect, tremendously ill-conceived, he said.
The state has said in its appeal that constitutional courts have no judicially detectable and manageable standard for determining whether there has been a constitutional break in the state.
This fact is essentially an executive function and must necessarily be based on a detailed factual analysis. The courts simply have no means of deciding such a question. In fact, the order is a serious usurpation of the executive powers listed in the Constitution and thus violates the doctrine of the separation of powers, he said, while urging the Supreme Court to annul the order.
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