In a significant development, the Supreme Court on Friday stayed an order issued by Andhra Pradesh high court judge Justice Rakesh Kumar, seeking the Y S Jagan Mohan Reddy government’s response on whether there is a situation of "constitutional breakdown" in the State.
On October 1, Justice Rakesh Kumar, while hearing over 14 habeas corpus petitions filed by detained individuals, asked the state government’s counsel to come prepared to “assist the court as to whether in circumstances, which are prevailing in the State of Andhra Pradesh, the court can record a finding that there is constitutional breakdown in the State or not.”
The Jagan government challenged this order in the Supreme Court contending that it 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.
The SC bench headed by chief justice S A Bobde, which took up the special leave petition of the state government said the high court order was "disturbing."
"In any case, have you seen an order like this? As an apex court we find it disturbing. Issue notice, stay. List immediately after vacation," the chief justice ordered.
The state government argued that Article 356 of the Constitution deals with failure of constitutional machinery in a State. Under Article 356 if the President of India, on receipt of report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the constitution, he can impose President's Rule.
The Jagan government brought to the notice of the Supreme Court that the power of deciding on the constitutional breakdown in the state “exclusively vested in the Executive and cannot be exercised by the Judiciary."
The SLP on behalf the state government was filed by senior advocate Mahfooz Nazki. He said the State government had filed an application before the High Court to recall the order under which such question was raised suo motu but it "was not being taken up".
The Jagan government has been involved in an open battle against the state high court. The chief minister had even written to Chief Justice of India, SA Bobde alleging that former Andhra Pradesh Chief Minister N Chandrababu Naidu is using the High Court to destabilize and topple his democratically elected government.
The letter had also alleged that a sitting Supreme Court judge was using his influence in the AP high court to achieve the same objective.
