Keeping each other on edge

Keeping each other on edge

Article:

N.L Rajah, a Senior Advocate of Madras High Court discusses the conflict between executive and judiciary

Important analysis:

1. The tussles between the executive and judiciary has long history
2. Historical examples:

• The case of Moro Raghunath-Conflict between Government of Bombay and Supreme Court, 1829:

In this case Governor of Bombay presidency refuses to obey the order of Supreme Court. Governor wrote to the court to refrain itself from case. The judges and the Chief Justice of Supreme Court of Bombay felt that it was an attempt to influence them and impede the course of Justice. The conflict was resolved by the intervention of the Privy Council

• Emergency in India (1975-77)
• In UK: Abolition of Lord Chancellor

In 2003, UK government abolished the Lord Chancellor and declared the establishment of Supreme Court. This resulted in a large-scale public debate. The erstwhile Lord Chief Justice and Lord Chancellor started discussions involving judiciary and the government on the principles that should govern the establishment of Supreme Court. The Constitution Reform Act, 2005 to large extent resolved the tensions between executive and judiciary

3. NL RAJAH suggests that the tussles between executive and judiciary could be resolved amicably within the larger constitutional framework.