The Hindu : Karnataka News : `Govt. must press for amendment to States Reorganisation Act'

Online edition of India's National Newspaper
Monday, Sep 20, 2004

Karnataka

Karnataka

`Govt. must press for amendment to States Reorganisation Act'

By Our Special Correspondent

HUBLI, SEPT. 19. Jagadish Shettar, Secretary of the State unit of the Bharatiya Janata Party and former Leader of the Opposition in the Legislative Assembly, said today that the State Government should prevail upon the Centre to amend the States Reorganisation Act to reaffirm that lawmakers should only consult the Chief Justice of the High Court to establish Benches of the court and not get his concurrence for the purpose.

Status quo

Mr. Shettar told The Hindu that the law provided only for consultation but the interpretation in the judges transfer case in 1993 had brought about a big change in the situation with consultation being interpreted as concurrence. It was time that status quo was restored in the matter.

On why the National Democratic Alliance (NDA) Government did not amend the Act when it was in power, Mr. Shettar said: "We as a party did try our best. But our efforts fell threw for lack of initiative from the Congress Government in Karnataka.''

The Dharam Singh Government should urge the Centre to amend the Act.

It would not be possible to establish a Bench of the High Court without the concurrence of the Chief Justice, he added.

`Govt. not clear'

Mr. Shettar said the Government was not able to explain its stand and the Chief Justice of the High Court was not helping it to clear the confusion over the matter.

The Government had gone back on its promise of leading an all-party delegation to the Chief Justice with regard to the matter. Nobody was clear on what the Government desired from the Chief Justice and what the latter told the delegation.

Asked if the judgment given in 2000 by the Supreme Court in a case filed by Subba Reddy on behalf of the Federation of Bar Associations in Karnataka would come in the way of any decision being taken to establish a Bench of the High Court, Mr. Shettar said that he did not think so. What the Supreme Court said then was "the Chief Justice cannot be pressured to take a different view'' when a committee of five judges constituted had not favoured the establishment of a Bench outside the principal seat.

Mr. Shettar said that a new committee had been constituted with seven judges on it. The report of the committee should be made public and action taken accordingly, he added.

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