cover image: The Calcutta Weekly Notes  March 24  1952

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The Calcutta Weekly Notes March 24 1952

1952

As alcnows Judges of the Supreme Co hold office under Article 124 of the 'Constitution until attainment of. the age of sixty-five years while Article 217 lays down that the tenure of Judges of State High Courts is to cease on attainment of the age of sixty years. [...] If such is the case why stick to the dxtyear rule and put the fear of penury in Judges' minds so that they can hope for relief only from special assignments in the gift of the Executive ? It is thus on account of our anxiety for judcial independence thawe suggest very urgently that steps be taken to increase the amount of the pension payable to Judges and to equalise the retirement ag[...] In view of the absence of any guaraties of civil liberties in the Australian Constitution the only question for the Court we are told was whether the Act could be sustained under any of the powers conferred on Parliament by the Constitution. [...] Primary emphasis was placed on the defence power with incdental reliance on the power to aid the executive in the maintenance of the Constitution and on the implied power of selpreservation. [...] The majority of the Bench thought that in the absence of a grave national emergency neither the legislative finding recited in the pramble that the Communist activities were a danger nor the Governor-General's findings that certain bodies or persons were prejudicial to security could estalish the necessary relationship of the Act to the defence power since a cotrary view would allow th
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes March 24 1952
lvii-lx unknown view

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