The Calcutta Weekly Notes April 12 1948

The salutary principle which Montesquieu first made famous that of the separation of the judiciary and the executive is a theme which cannot be too often elaborated if we care for the rightful processes of the law. [...] Some of the adjoining Provinces have taken steps for the separation of the judiciary and the Executive. [...] But in Bengal we are still in the stage where we were in the days of the much maligned British Imperialism in spite of the fact that the Greaves Committee recommended such separation about twenty-five years ago. [...] As we have pointed out time and again such uncertainty of tenure strikes at the root of the independence of the judiciary and can one blame a Magitrate if he is afraid of incurring the dipleasure of the executive head of the Ditrict? [...] Where a suit is instituted by one of two mortgagees making his cmortgagee a party Defendant and a decree is passed only for the share of the debt due to the Plaintiff the failure of the cmortgagee to obtain a decree for his share of the debt per se does not debar him from bringing a suit for his share.