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  • Sun. Nov 24th, 2024

Judicial indiscipline: On Rajasthan political crisis

Judicial indiscipline: On Rajasthan political crisis



July 25, 2020 00: 02 IST.

Updated:.


July 24, 2020 23: 06 IST.



July 25, 2020 00: 02 IST.

Updated:.


July 24, 2020 23: 06 IST.

Rajasthan HC has actually neglected law laid down by SC while admitting plea by Pilot camp

The Rajasthan High Court’s order, directing that status quo be kept in the disqualification procedures against 19 lawmakers and holding a legal difficulty to the Rajasthan Assembly Speaker’s notification under the anti-defection law to be maintainable, borders on judicial indiscipline. The order does not offer any factor for confessing the petition and overruling objections to its admissibility, except for stating legal questions have occurred, consisting of one on the validity of a sub-clause in the Tenth Arrange. It is as if the simple reality that some concerns have emerged is enough to neglect the doctrine of precedent. There is a particular prohibition in a Constitution Bench verdict of the Supreme Court on courts intervening in disqualification matters at a stage prior to a presiding officer offering a judgment. Of the 13 concerns the Department Bench has actually framed, professing to develop from the Speaker C.P. Joshi’s notifications to 19 Congress members in the Sachin Pilot camp, the last one itself shows it can not captivate the petition. The question is whether the Supreme Court

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