Case Note & Summary
The dispute arose from the State of Maharashtra's attempt to establish a permanent High Court Bench at Aurangabad, following a long-standing demand from the Marathwada region. The Chief Justice of the Bombay High Court issued an order under sub-s. (3) of s. 51 of the States Reorganization Act, 1956, appointing Aurangabad as a place for the Judges and division Courts to sit. This order was challenged in the High Court, which set it aside on grounds that the Act was transitory and that the Chief Justice's powers had lapsed after 26 years. The Supreme Court, however, found that the States Reorganization Act is a permanent piece of legislation, and the powers conferred on the Chief Justice and the President under the Act are intended to be exercised as needed. The court emphasized that a statute cannot become inoperative due to the passage of time and that the Chief Justice's order was valid and directly related to the reorganization of states. The Supreme Court allowed the appeal, reinstating the Chief Justice's order and affirming the continued applicability of the provisions of the Act. The court concluded that the establishment of the Aurangabad Bench was necessary to address the judicial needs of the Marathwada region and did not constitute a territorial bifurcation of the High Court.
Headnote
A) Constitutional Law - Powers of Chief Justice - Validity of Order - States Reorganization Act, 1956, Section 51 - The Chief Justice's order to appoint Aurangabad as a place for High Court sittings was upheld as the Act is permanent legislation and not subject to lapse of time. The court held that the powers under the Act can be exercised as occasion arises, and the assumption that they have ebbed out is incorrect (Paras 1-12).
Issue of Consideration
Whether the Chief Justice's order to establish a High Court Bench at Aurangabad under sub-s. (3) of s. 51 of the States Reorganization Act, 1956, was valid after a lapse of time.
Final Decision
The Supreme Court allowed the appeal, reinstating the Chief Justice's order to establish a High Court Bench at Aurangabad, affirming that the provisions of the States Reorganization Act, 1956, remain applicable and valid.
Law Points
- Interpretation of statutes
- Chief Justice's powers
- States Reorganization Act
- 1956
- lapse of time
- permanent legislation
