Chapter

Justice Shivappa's Case<sup>1</sup>

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

Published in print January 2006 | ISBN: 9780195678291
Published online October 2012 | e-ISBN: 9780199080588 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195678291.003.0079
Justice Shivappa's Case1

More Like This

Show all results sharing this subject:

  • Constitutional and Administrative Law

GO

Show Summary Details

Preview

On 4 March 1999, the Union Law Minister, Mr M. Thambi Durai, sent a fax to Justice Shivappa of the Madras High Court conveying the president's order that required him to demit office instantly on the question of his date of birth. This was a biased violation of the rulings of the court. The speed and the manner in which the order was conveyed raised suspicious as the judge was hearing a petition alleging indiscrimination quarrying of sand in Karur, which was Thambi Durai's constituency. The fact that Justice Shivappa was not heard in his defence should have been sufficient to render the order null. Proper procedure was therefore not followed, and the executive was able to subvert the independence of the judiciary.

Keywords: Justice Shivappa; Madras High Court; president's order

Chapter.  2640 words. 

Subjects: Constitutional and Administrative Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.