Back
1994 Supreme(MP) 202
High Court Of Madhya Pradesh
U. L. BHAT, P. P. NAOLEKAR
S.P.ANAND - Appellant
Versus
HONble S.K.JHA, CHIEF JUSTICE - Respondents
Misc. Petition 109 Of 1994
Decided On : 03/03/1994
The President is empowered by S. 51 of the States Reorganisation Act, 1956 to provide for establishment of permanent Bench or Benches and "for any matters connected therewith." This would mean that the President himself could provide in detail for various connected matters with the establishment of Permanent Bench. It would also mean that the President may make provision for any matters connected with the Bench by authorising, if such authorisation is necessary, the Chief Justice to pass appropriate orders.
Headnote:
CONSTITUTIONAL LAW - HIGH COURT - PERMANENT BENCHES - JURISDICTION - NOTIFICATION BY CHIEF JUSTICE - VALIDITY - DELEGATION OF POWER BY PRESIDENT TO CHIEF JUSTICE - PUBLIC INTEREST - WRIT PETITION - COURT-FEE - COSTS.
Fact of the Case:
Petitioner challenged the Notification dated 17-7-1992, issued by the then Chief Justice of the M. P. High Court, which directed that certain categories of cases arising from the districts under the jurisdiction of Indore and Gwalior Benches shall be heard at Jabalpur. The petitioner contended that the President, who himself is a delegate of the legislature, cannot delegate his authority to the Chief Justice, that the proviso to the Presidential order is ultra vires, and, therefore, the Notification of the Chief Justice is without legal authority.
Finding of the Court:
The Court held that the President is empowered by S. 51 of the States Reorganisation Act, 1956 to provide for establishment of permanent Bench or Benches and "for any matters connected therewith." This would mean that the President himself could provide in detail for various connected matters with the establishment of Permanent Bench. It would also mean that the President may make provision for any matters connected with the Bench by authorising, if such authorisation is necessary, the Chief Justice to pass appropriate orders. The scheme of S. 51 of the Act confers on the President the power to provide for matters connected with Permanent Bench; this must include the power to authorise the Chief Justice to pass appropriate orders in relation to such matters. The legislature could not have contemplated that as and when necessary, the President should pass orders regarding category of cases or the cases to be heard at Jabalpur, for such orders could properly be passed only by the Chief Justice. It is clear that in "providing for any matter connected thereto" the President has power to authorise the Chief Justice to pass appropriate orders in relation to such matters as occasions require. Assuming that power of the President is delegated power, the Act contemplates the President delegating to the Chief Justice the power to provide for "any matters connected" with Permanent Bench. It cannot, therefore, be said that the Chief Justice had no legal authority to issue impugned Notifications or the Notifications preceding or succeeding thereto.
Issues: 1. Whether the President can delegate his authority to the Chief Justice to pass appropriate orders in relation to matters connected with the establishment of Permanent Benches? 2. Whether the Notification issued by the Chief Justice directing that certain categories of cases arising from the districts under the jurisdiction of Indore and Gwalior Benches shall be heard at Jabalpur is valid?
Ratio Decidendi: 1. The President is empowered by S. 51 of the States Reorganisation Act, 1956 to provide for establishment of permanent Bench or Benches and "for any matters connected therewith." This would mean that the President himself could provide in detail for various connected matters with the establishment of Permanent Bench. It would also mean that the President may make provision for any matters connected with the Bench by authorising, if such authorisation is necessary, the Chief Justice to pass appropriate orders. The scheme of S. 51 of the Act confers on the President the power to provide for matters connected with Permanent Bench; this must include the power to authorise the Chief Justice to pass appropriate orders in relation to such matters. The legislature could not have contemplated that as and when necessary, the President should pass orders regarding category of cases or the cases to be heard at Jabalpur, for such orders could properly be passed only by the Chief Justice. It is clear that in "providing for any matter connected thereto" the President has power to authorise the Chief Justice to pass appropriate orders in relation to such matters as occasions require. Assuming that power of the President is delegated power, the Act contemplates the President delegating to the Chief Justice the power to provide for "any matters connected" with Permanent Bench. It cannot, therefore, be said that the Chief Justice had no legal authority to issue impugned Notifications or the Notifications preceding or succeeding thereto. 2. The Notification issued by the Chief Justice directing that certain categories of cases arising from the districts under the jurisdiction of Indore and Gwalior Benches shall be heard at Jabalpur is valid.
Final Decision: The petition challenging the Notification issued by the Chief Justice was dismissed. The petitioner was directed to pay a sum of Rs. 1,000.00 (one thousand) as costs to the State Government.
( 1 ) PETITIONER, a resident of Indore, who describes himself as 'doing farming etc. ' has filed this 'public Interest Litigation Writ Petition' challenging Notification dated 17-7-1992, issued by the then Chief Justice of the M. P. High Court and seeking consequential reliefs.
( 2 ) THE present State of Madhya Pradesh was constituted with effect from 1-11-1956 u/s. 9 of the States Reorganisation Act, 1956 (for short, the Act), and comprises of the territories of the former State of Madhya Pradesh, except a few districts, the territories of the former State of Madhya Bharat, except a part of a Tehsil, a Sub-Division in the then State of Rajasthan, territories of the State of the former States of Bhopal and Vindhya Pradesh. Sec. 49 (1) declared that the High Court of the former State of Madhya Pradesh shall, with effect from the appointed day, be deemed to be the High Court for the new State of Madhya Pradesh. S. 50 abolished the High Court of Madhya Bharat and the Courts of Judicial Commissioners for Bhopal and Vindhya Pradesh. Under S. 51 (1), the President issued an order appointing Jabalpur to be the Principal Seat of the High Court for the new State of Madhya Pradesh. By order dated 1-11-1956, the Chief Justice directed that temporary Benches of the High Court will sit at Indore and Gwalior until further orders. Jurisdiction of the Benches were specified by order dated 29-11-1956 issued by the Chief Justice. These Benches were made permanent by two orders issued by the President on 28-11-1968 which also specified the territorial jurisdiction thereof and further stated :"provided that the Chief Justice may, for special reasons, order that any case or class of cases arising in any such districts, shall be heard at Jabalpur. "the words 'for special reasons' were omitted by order dated 23-6-1971.
( 3 ) BY virtue of the aforesaid proviso to the Presidential orders, the Chief Justice issued two separate orders dated 30-11-1968 directing that tax references, petitions under Arts. 226 and 227 of the Constitution pertaining to tax matters, challenging the vires of any Act or Statute or Order or Rule or Regulation made thereunder, petitions under Arts. 226 and 227 of the Constitution directed against orders of specified authorities and pending petitions under Arts. 226 and 227 of the Constitution arising from the districts falling within the jurisdiction of the Indore and Gwalior Benches shall be heard at Jabalpur. These orders were suitably amended on 25-6-1969 so as to allow petitions under Arts. 226 and 227 of the Constitution challenging the vires of any Act or Statute or any Order on Rule made thereunder to be heard by the Benches at Indore and Gwalior. On 24-10-1972, the Chief Justice issued fresh order restoring the position obtaining as per the order dated 30-11-1968. By order dated 3-2-1976, the Chief Justice directed that only petitions under Arts. 226 and 227 of the Constitution challenging the vires of any Act or Statute or any Order or Rule or Regulation made thereunder and any individual cases he may order thereafter, and arising from the districts under the jurisdiction of the Indore and Gwalior Benches, shall be heard at Jabalpur. The order dated 3-2-1976 was challenged, though unsuccessfully, in Abdul Taiyab Abbasbhai Malik v. Union of India, 1976 MPLJ 767 : AIR 1977 MP 116 (FB) decided by Full Bench consisting of five-Judges.
( 4 ) BY orders dated 17-7-1992, the then Chief Justice superseded all previous orders and directed that petitions under Arts. 226 and 227 of the Constitution challenging the vires of the State or Central Act or Statute or any Order or Rule or Regulation, Notification, Ordinance made by the State or Central Legislature and any individual cases which may thereafter be ordered and arising from the districts within the jurisdiction of Indore and Gwalior Benches, shall be heard at Jabalpur. By Notification dated 29-9-1992, the then Chief Justice rescinded orders dated 17-7-1992 a
