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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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Justice Shivappa's Case 1

Justice Shivappa's Case 1

(p.104) 13 Justice Shivappa's Case1

A.G. Noorani

Oxford University Press

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

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