Friday, 18 March 2016

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The reasoning for this can be found in these landmark Supreme Court judgments. E.P. Royappa (1974) states that “The post of Chief Secretary is a highly sensitive post…[Chief Secretary is a] lynchpin in the administration and smooth functioning of the administration requires that there should be complete rapport and understanding between the Chief Secretary and the Chief Minister. …” Similarly, Salil Sabhlok (2013) says: “it may be necessary for [the] Chief Minister of a State to appoint a ‘suitable’ person as a Chief Secretary or the Director General of Police…because both the State Government or the Chief Minister and the appointee share a similar vision of the administrative goals and requirements of the State.




If India ever finds its way back to the freedom and democracy that  were proud hallmarks of its first eighteen years as an independent  nation, someone will surely erect a monument to Justice H R Khanna of  the Supreme Court. It was Justice Khanna who spoke out fearlessly and  eloquently for freedom this week in dissenting from the Court's decision  upholding the right of Prime Minister Indira Gandhi's Government to  imprison political opponents at will and without court hearings... The  submission of an independent judiciary to absolutist government is  virtually the last step in the destruction of a democratic society; and  the Indian Supreme Court's decision appears close to utter surrender.--quora on famous cases including kps gill

Before delivering this opinion, Justice Khanna mentioned to his sister: I have prepared my judgment, which is going to cost me the Chief Justice-ship of India

IN ADM jabalpur vs v.shukla  the court rejected the doctrine of habeaus corpus stating that oen cannot move the court for violation of art 14 19 and 21 during emergency.






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