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This is an archive article published on November 27, 1998

Furore in Andhra Pradesh assembly over vacant High Court posts

HYDERABAD, Nov 26: The issue of alleged discrepancies in the list of candidates forwarded to the Supreme Court by the Andhra Pradesh High Co...

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HYDERABAD, Nov 26: The issue of alleged discrepancies in the list of candidates forwarded to the Supreme Court by the Andhra Pradesh High Court, in consultation with the chief minister, N Chandrababu Naidu, for appointment to 16 vacant posts of High Court judges led to a furore in the State Legislative Assembly today.

The House plunged into disorder for about an hour when Congress members insisted on a discussion on the issue, while, ruling party members objected to it on the ground that a discussion on judicial matters like appointment of judges was against constitutional provisions.

Amidst heated exchanges between the ruling party and Congress benches, Speaker Y Ramakrishnudu reserved till tomorrow his ruling on whether the State legislature was empowered to take up a discussion on the appointment of High Court judges or not.

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Raising the issue during zero hour, Congress member D L Ravindra Reddy alleged that the list prepared by the court in consultation with the chief minister contained names ofseveral inexperienced people while a number of experienced and competent advocates were ignored.

Clarifying that it was not his intention to insult the judiciary or the Supreme Court, Reddy claimed that he was only trying to highlight the “family rule” concept which was creeping into the judicial systems.

To substantiate his claim, the Congress member said that names of several junior advocates working under reputed judges of the Apex Court figured in the list. Taking strong objection to Reddy’s remarks, ministers P Ashok Gajapati Raju, T Devender Goud and K Srihari alleged that by raising such a sensitive issue like this despite clear guidelines framed by the Supreme Court, the Congress member exposed his party’s disregard for the Constitution.

Stating that Article 211 of the Constitution clearly prevents the State legislatures from discussing the conduct of any judge of the Supreme Court or about the court itself, the TDP members appealed to the Congress to desist from raising controversies betweenthe constitutional functionaries governing the country.

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They demanded that deputy Speaker N Md Farooq, who was in the Chair, give a ruling preventing members from taking up such issues. Alleging that the Congress’ members attitude in taking up the issue was “unconstitutional,” CPI senior leader, Rajeshwar Rao, who intervened at one stage, said that it was the prerogative of the Supreme Court and the High Court to appoint judges to the lower courts and that any advice sought from the government in this regard was not “questionable.”

He urged the Speaker to issue a ruling preventing the members from taking up such issues which were “harmful to the dignity and decorum of the House.” However, contending that the House was empowered to take up the issue, Congress members charged the ruling party with attempting to scuttle the discussion to cover up the misdeeds of the government.

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