. Distinction between Judicial and Administrative Functions of Judiciary - Can CJI warn Indian Government in Institutional Administrative Functions ? . Scheme of separation of powers in the Constitution of India is compiled, drafted and prepared by a team of legal giants headed by a super genius giant Jurist and legal luminary Dr. B.R. Ambedkar in 1946. They drafted Art. 141 in such a manner only to the effect that Law declared by the Supreme Court of India is binding (only) upon all (subordinate) Courts within Territory of India but not upon all Legislative and Executive Bodies; but obeying SC Verdicts is made a Constitutional Convention in a Civilised Democratic County; Powers of Supreme Court are limited to Cases only. Indian Parliament is empowered to nullify any Judgment of even the Largest Constitutional Bench Coram 16:15 of the Supreme Court of India, . Judicial Functions: Every Order or Judgment with operative portion pronounced and signed on the Bench in open Court and procedure connected thereto, alone, comes under definitional scope of discharging Judicial Functions; Courts can Order the Governments to do or not to do; that’s all. Contempt of Courts Act, 1971 applies here only, Copies of Judicial adjudications are public documents & so any person can have it, . Administrative Functions: All the remaining supplementary acts like office, staff, buildings’ and finance management etc., including furnishing a list of competent nominees for appointment as Judges to a Superior Constitutional Authority come under definitional scope of discharging Administrative Functions. These functions are also open as they are not covered under Official Secrets Act, 1923 but SC refused to enforce RTI Act in Indian Judiciary in obedience to a Central Legislation, . According to the Constitution of India, The President of India is Head of The State having prerogative supervisory powers and Jurisdiction upon Legislative, Judiciary and Executive wings of Country’s’ administration with the assistance of Prime Minister of India and Chief Justice of India and Heads of respective Legislative Houses at the Centre and the States, . Except Finance Bills, President of India is empowered to return, refuse and reject any Bill if it is in his opinion not legal, Constitutional, Democratic with directions to Union Cabinet to redraft a new Bill in fresh. Similarly, The President of India may or may not accept and assent each and every name recommended by SC Collegium headed by CJI for the post of Supreme Court or High Court Judge; SC Collegium list is not a final dictum, . The President can reject entire list or assent only one last name rejecting all nominees mentioned above it. Names arranged in Serial Nos 1, 2, 3 doesn’t lay down merit and seniority of nominees in the List except in cases of Chief Justices of High Courts arranged as per their seniority, age etc., as a High Court Judge for at least Five years on Bench, . The Supreme Court of India, CJI or any High Court has no power to dictate other Constitutional Organs; CJI or any other Judge has no authority to express personal displeasure against any decision of The President or The Government even their administrative recommendations are not accepted; it is not Judicial decency of Indian Courts and Judges, . That’s why Indian Constitution does not contain any Execution provisions in cases of extraordinary Prerogative Writ Jurisdiction of Higher Judiciary. Supreme Court and High Courts have to remain dumb if Public Authorities bluntly refuse to enforce Courts’ Orders. In contrary, the Code of Civil Procedure, 1908 contains a provision empowering Civil Courts with both adjudicative and execution powers; and also to seek punishment of disobedients of its Orders, . In order to avoid Constitutional Conflict wise Parliamentarians granted a protective legislative piece in Contempt of Courts Act, 1971 to provide some safety, security and dignity to Higher Judiciary in India. Now, this Contempt Act is the only sword and Shield of SC and HCs in India.
Posted on: Wed, 09 Jul 2014 08:01:21 +0000
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