Chief Minister vs High Court — India
In the Indian Parliamentary system, the state has its own Legislative, Executive and Judiciary organs. Although separation of powers is emphasized in the rule book, it is different from the stricter version in the USA. The purpose of judiciary is to perform checks and balances to keep the legislative and executive orders in the ambit of Constitutional Framework.
In the light of recent allegations of Chief Minister against the High Court judges (although targeting one) it’s time to brush up few pertinent concepts
The details of contempt proceedings take another article so to keep it in brief…. In the event of defamation of a Judge or the high court the contempt proceedings can be applied under Article 215.
Another thing to be noted is the Supreme Court Judgement in 2007 calling the courts to be restraint in taking over the functions of the legislature and executive to control the Judicial activism.
The final word is: India has 3.7 million pending cases for a decade and the judicial system is losing credibility so it should prudently invest its time and energy.
