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‘We found it disturbing’: SC in HC to examine whether there is a constitutional collapse in Andhra Pradesh | India News


NEW DELHI: On Friday, the Supreme Court called it “disturbing” and suspended the interim order passed by the Andhra Pradesh high court that had requested the assistance of the state government to ask if it can record a finding that the constitutional machinery has been broken there.
The appeal filed by the state government against the October 1 provisional order of the superior court was filed before a court headed by Chief Justice, SA Bobde, which suspended the proceedings in the matter before the superior court.
“We find it disturbing,” observed the podium, also made up of Justices AS Bopanna and V Ramasubramanian, during the hearing carried out via videoconference.
“The request for amendment of the request for a special license is allowed. Issue a notice that will be returned immediately after the following 2020 Christmas / New Year holidays. Until new orders are issued, there will be a stay of additional proceedings, ”the higher court said in its order.
The magistracy was listening to the appeal of the state government that said that in the interim order, the higher court in an “unprecedented manner and without any basis or allegations from any of the parties in that regard,” has formulated the following question: “in the On the next date, the leading scholarly attorney appearing on behalf of the state may come prepared to assist the court as to whether, in circumstances prevailing in the state of Andhra Pradesh, the court may record a finding that there is a constitutional collapse in the state or not. ”
The appeal said that under the Constitution, Article 356 deals with provisions in the event of a failure of the constitutional machinery in the state.
“Under this article, if the president, upon receiving the report of the governor of a state or otherwise, is convinced that a situation has arisen in which the government of the state cannot be carried out in accordance with the provisions of the constitution, the president can impose the Rule of presidents, ”he said.
“This is an exclusive power of the Executive. The power in this regard, such as sending a report to the President or the Governor or recording a finding in this regard, cannot be exercised by the Judiciary ”, says the appeal.
He said the higher court wanted to consider the question of whether there is a failure of the constitutional machinery in the state while hearing the habeas corpus petition.
A habeas corpus petition is a petition filed to ensure that a person under alleged illegal detention is brought before a court to determine whether the detention is lawful.
“It is very respectfully posed that the aforementioned question framed by the Superior Court is not only unprecedented, but also unjustified; violation of the basic structure of the Constitution; and, it is presented with the greatest respect, tremendously ill-conceived, ”he said.
The state has said in its appeal that the constitutional courts have no “judicially detectable and manageable standard” for determining whether there has been a constitutional break in the state.
“This fact is essentially an executive function and must necessarily be based on a detailed factual analysis. The courts simply have no means to decide such a question. In fact, the order is a serious usurpation of the powers of the executive enumerated in the Constitution and, therefore, violates the doctrine of the separation of powers, ”he said, while urging the higher court to annul the order.

Times of India