cover image: The Calcutta Weekly Notes  April 25  1949

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The Calcutta Weekly Notes April 25 1949

1949

The Advocate-General shall retire from office upon the resignation of the Chief Minister in the State but he may continue in office until his successor is appointed or he is re-appointed.” Prsumably this implies that the fall of a Government in a Province will also see the termination of office of its Chief Law Officer and his re-appointment to the office will remain an uncertainty and will d [...] Article 145 (3) of the Draft Constitution which has been quoted above probably means—and we think it does mean—that in future the Advocate-General will be apointed from among the members of the legal profession who may be elected to the Provincial Legislative Assembly and that those members of the legal profession who are not members of the Legislature will perhaps not be eligible for appointme [...] So long the Habeas Corpus was for all practical purposes a dead letter in India except on rare occasions in the hands of truly independent Judges because the head of the Executive in India had the powers of the Great Mogul and could not function with his satellites to preserve the vested interests of Britain if they had not a subservient judiciary. [...] We are therefore particularly peplexed over one of the recent speeches of the Chief Justice of India in which the head of the Judiciary of an Independent India pleads the present impossibility of doing away with a sad relic of the British regime—the unholy blending of the Executive and the judicial power in a Magistrate. [...] Having admitted that a Magistrate of the present day has powers which the highest in the land in the sphere of the judiciary does not possess and futher that the power was capable of doing considerable harm if unduly or inapprpriately exercised we don't see why he should give vent to a feeling of helplessness and a spirit of diffidence in saying that the problem is not so simple and not so
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes April 25 1949
lxxxvii-xc unknown view

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