Art 239AA:(4) Proviso: THREE circumstances when LG of Delhi can act against wishes of Ministers

Probably there are three circumstances provided in this Article where LG can act against or independent of opinions of Ministers of Delhi.

1) About specific matters within discretionary powers of Governor

2) Matters on which he differs with Ministers of Delhi.... Here he will ask opinion of President, and while awaiting opinion, he can decision against wishes of ministers if there is emergency.

3) Regarding 3rd Circumstance, "Silence of Constitution provision" applies. What to do if Ministers just keep sitting on file, neither agree nor disagree..... Here also LG has power to take decision assuming either implied consent of ministers or assuming implied disagreement of ministers. In both cases he has power to take decision independent of advice of ministers.

This is of course my personal view. Please check Article 239AA (4) Proviso, itself for authentic view. I have not come across a precedent on this issue.

Haresh Raichura
16th May 2015

Do you know why Jury system was abolished in India? Is there case for reintroducing jury system? #Judiciary

Till 1960, there was jury system in India. Prominent and educated citizens were called in court to perform jury duty.

Members of Jury used to decide by vote, whether a man is guilty or not guilty. If they say "guilty", then, the Judge used to prescribe sentence. The power of judge was limited to guiding judiciary and for prescribing sentence.

This practice is good and valid even today in many countries of world. In this way, people participate in justice system.

All worked well in India upto 1960.

Then one day a tragedy happened in Mumbai.

A navy officer suddenly came home unexpectedly. He saw his wife in hands of her lover. He pulled out his revolver and shot down both of them.

In court all eye witnesses said that the navy officer had killed his wife and her lover. Clear case of double murder.

In spite of all these witnesses, Jury gave unanimous decision that the Naval officer was "not guilty."

Judge became furious.

He dismissed jury and convicted Naval officer.

Thereafter, entire Jury system was abolished from India.

Now, we hear so much about corruption in lower courts. Perhaps time is ripe to re introducing jury system in India.

Haresh Raichura
11/5/15


Copyright : Haresh Raichura 2014. All Rights reserved.

SC: Dishonour of post dated Cheque given for Advance, is no crime under Sec.138 of Negotiable Instrument Act.

SC: Dishonour of post dated Cheque given for Advance, is no crime under Sec.138 of Negotiable Instrument Act.

For a criminal offence under Sec.138, some debt must be existing. If post dated cheque is given as advance, no crime under Sec.138 of Negotiable Instrument Act.

For detailed discussion please case of Indus V Magnum 2014(12) SCC 539

Haresh Raichura
11/5/2015


Copyright : Haresh Raichura 2014. All Rights reserved.