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DMK MLA Dr Ezhilan Naganathan has challenged the 'Emergency era' 42nd amendment to the constitution and sought orders to bring education back to the State List from the Concurrent List.
Courts run the risk of breaching the separation of powers when they invalidate a rationally made decision of the President because of a reasonable apprehension of bias on the part of the President.
The matter will now be decided by the ConCourt. Most certainly, the reasoning of the high court is open to searching legal analysis.
A Full Bench of the Punjab and Haryana High Court has ruled that the State of Haryana could not have acted beyond the statutory provisions contained in a Central Act and the rules framed under it by making experience an essential qualification for appointment of drug inspectors.
‘The evidence and the law point overwhelmingly to the fact that Mr Fraser’s efforts to ignore or to override the [medical parole] board are a textbook spectacle of unlawfulness,’ advocate argues.