cover image: The Calcutta Weekly Notes  September 20  1948

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The Calcutta Weekly Notes September 20 1948

1948

His Excellency examined the question of the separation of the executive and the judiciary in its three aspects ; first that the prosecutor must not be the judge second that the judiciary must not be subject to any executive inteference as to how it should decide a case and third that any Act of the Legislature which may curtail the powers of the Court or put an interpretation on the law is [...] The result was that the District Magistrate withdrew the case from the file of the Munsif Magistrate and transferred it to the Sub-Divisional Magitrate of Sadar and he recorded the folowing order " Seen the order of the trying Magist-ate dated and the endorsement of tic S. P dated. on the petition of the C. S. I. It. [...] On the other hand the Courts themselves have ephasised that their duty is to interpret the law as it stands; if any change in the law is necessary or.if the supposed intention of the legislature has not been expressed by the statute as it stands it is for the legislature to intervene. [...] What was taken exception to was not the right of the Governor the legislature in the eye of law so far as promulgation of Ordinances is concerned to intervene if the law as interpreted by the Court was not in coformity with what the legislature had tended to lay down or even to his right alter the law i f necessary but the manner and time of the promulgation of the Ordinance. [...] It should be remembered that the scope of judial review is limited only to the decision of constitutionality of a particular piece of legislation and if the decision of the Court seems to be against the spirit of the Constitution or against new concetions of social or political system the Costitution can be changed by amendment as was done after the decision of Dred Scott's case by the four
law
Pages
6
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes September 20 1948
clxvii-clxxii unknown view

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