New Andhra High Court Set Up In Violation Of Rules, Claims Justice Chelameswar

Retired SC judge, Justice J Chelameswar, has slammed the creation of Andhra Pradesh High Court as a “flagrant violation” of the Constitution and has said that the Parliament was bypassed, reports Indian Express.

It was upto Ranjan Gogoi to decide if he should be present as the chief guest at the inauguration of the High Court of Andhra Pradesh on 3 February at Amaravati, said Chelameswar.

A new high court was constituted by a notification by the President of India published in the Gazette of India on 26 December 2018.

The President can only notify for the creation of a high court after Parliament has authorised him to do so.

“The creation of the new HC is a flagrant violation of the Constitution. The Constitution prescribes procedures to be followed in establishing high courts. In this case, they have virtually bypassed Parliament,” he said.

Parliament will have to fix a date, and it can delegate the authority to the President as has been done in all other such cases in the past. What will now happen is that over some time, every aspect of Constitutional governance will become like this, very casual,’’ Chelameswar was quoted as saying by The Sunday Express.