SC stays Andhra HC order to examine constitutional breakdown in state

The Andhra Pradesh High Court has sought to examine whether there is a breakdown of constitutional machinery in the state

The Supreme Court on Friday termed the Andhra Pradesh High Court, which has sought to examine whether there is a breakdown of constitutional machinery in the state, as "very disturbing" and subsequently stayed it.

A bench headed by Chief Justice S.A. Bobde during the hearing remarked that he has not come across any order like it before and termed it "very disturbing".

In an appeal, the Andhra Pradesh government said that under the constitutional framework, it is not for the courts to decide as to whether there is a constitutional breakdown in a state.

"It is needless to mention that the constitutional courts do not have any judicially discoverable and manageable standards to determine if there has been a Constitutional Breakdown in the State", said the Andhra Pradesh government's plea filed through advocate Mahfooz Ahsan Nazki.

The high court order had sought response from the Y.S. Jagan Mohan Reddy government on whether there is a situation of "constitutional breakdown" in the state.

The High Court on October 1, while hearing 14 habeas corpus petitions filed by detained individuals, had asked the state's counsel to come prepared to assist the court as to whether in circumstances, which have been prevailing in the state, could the court record a finding that there is constitutional breakdown in the state or not.

The Andhra Pradesh government moved the top court challenging this order. The state government contended that the order impinges the doctrine of separation of powers since it is the President who is empowered to go into question of "breakdown of Constitutional machinery" under Article 356 and not the judiciary.

--IANS

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