On Friday, the Supreme Court of India has stayed the controversial order by the Andhra Pradesh High Court seeking CM Jagan Mohan Reddy led Govt's response on whether there is a situation of 'constitutional breakdown' in the State.
CJI Bobde while hearing the petition seeking stay on the order remarked that as an Apex Court of the Courtry they find the order to be 'disturbing'.
He stated:
"In any case, have you seen an order like this? As an apex court we find it disturbing. Issue notice, stay. List immediately after vacation,"
The order in question was issued by the Andhra Pradesh High Court while hearing over 14 habeas corpus petitions filed by detained individuals. The Court on 1st Oct, 2020, asked Learned Counsel of the State to come prepared to "assist the court as to whether in circumstances, which are prevailing in the State of Andhra Pradesh, the Court can record a finding that there is constitutional breakdown in the State or not."
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Thereafter, the State Govt approached the Supreme Court challenging the order contending that it impinges the 'Doctrine of Separation of Powers' since only President holds the authority to examine 'breakdown of Constitutional machinery' under Article 356 of the Constitution and the subject is not for the judiciary to deal.
What the Article 356 of the Constitution says?
Where any State has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President on receipt of report from the Governor of a State or otherwise, to hold that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.
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Article 365 Constitution of India: Effect of failure to comply with, or to give effect to, directions given by the Union
The Learned Counsel appearing on behalf of the State has remarked in the petition that under the Constitutional framework, it is not for courts to decide as to whether there is a Constitutional breakdown in a State.
" The said power has been specifically conferred upon a different Constitutional Authority – and rightly so. Constitutional courts do not have any judicially discoverable and manageable standards to determine if there has been a Constitutional breakdown in the State. The said fact is essentially an executive function and is necessarily required to be based on a detailed factual analysis. The courts simply do not have any means to decide such question," the plea reads.
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The Counsel further presented before the Court, the fact that the Andhra Pradesh Govt had filed an application before the High Court to recall the order under which such question was raised suo moto but the same wasn't taken up.
In the appeal, the Govt has called the question framed via order as not only unprecedented, but also uncalled for, violative of the basic structure of the Constitution and grossly misconceived.
The battle over the issue is in open for now over a period of time with CM Jagan Mohan Reddy even writting to the CJI Bobde alleging that attempts are being made by the former Andhra Pradesh Chief Minister N Chandrababu Naidu to destabilize and topple his democratically elected government using the High Court.
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