cover image: Proceedings of the Legislative Council of the United Provinces. Monday  17th April  1939. Official Report

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Proceedings of the Legislative Council of the United Provinces. Monday 17th April 1939. Official Report

1939

(b) Has the Government made any inquiries into the matter specially about the reason for the entry and firing by the Orchha soldiers and if so will the Government please place on the table the result of their inquiries? [...] The Hon'ble the President : The question is that the Legislative Council do proceed to discuss the provisional scheme for the separtion of executive and judicial functions of magistrates. [...] It is an accepted principle of democratic Governments that the rule of law should reign ; in other wordit is the law that should rule the land and not the will of any individual; and one of the first requisites of the rule of law is that the courts administering law should be independent of the executive. [...] I mean to say that there cannot be any separation of the judiciary from the executive in the real sense unless the judicial magistrates are placed under the High Court and that High Court must be independent of the Government and the ministerial influence. [...] This suggestion in the scheme that these judicial magistrates will be interchangeable with the executive magistrates and will be placed in another division on paper seems to be very good but really it will spoil the morale of the judicial magistrates in the hope of getting executive magistracy and they will depend much on the recomendation of the district magistrate or on the recommendation of
government politics public policy
Pages
49
Published in
India
SARF Document ID
sarf.100003
Segment Pages Author Actions
Frontmatter
i-ii unknown view
Legislative Council United Provinces
529-575 unknown view