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Report No. 95

6. Are courts grasping at jurisdiction in matters which lie squarely within the competence of the executive branch of Government?

At the instance of a Congresswoman Elizabeth Holtzman a District Court in New York had issued an injunction in July 1973 halting the bombing of Cambodia but the injunction was vacated immediately so that not a single bombing schedule was upset. (The Brethren inside the Supreme Court-Bob Woodward and Scott Armstrong-for short 'Brethren' p. 277-278). Opinions have been expressed that if the Supreme Court had not entertained the challenge to the Bearer Bond Scheme, Government could have raised resources to the tune of Rs. 1,000 crores. In New Zealand fast-track legislation like the National Development Act, 1979, limits judicial challenges to works of national importance.

The judgment of the Supreme Court stalling the attempt of the Maharashtra Government to clear up footpaths in the city, of unauthorised dwellers has evoked a comment from a former Judge: "Under what law are the trespassers entitled to alternative accommodation? What Judges will do if trespassers set up shanties in the spacing lawns of the Court or their houses?"



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