Report No. 32
31. Punjab and Bombay amendments.-
In the States in which separation has been introduced by legislation, certain amendments have been made to section 9. By way of example, we may refer to section 9 as amended by the Bombay Separation of Judicial and Executive Functions Act, 19511-2, and section 9 as amended by the Punjab Separation of Judicial and Executive Functions Act, 19643-4.
These amendments were made before the judgments of the Supreme Court interpreting Article 233 et seq. were pronounced. Nevertheless, they seem to have anticipated some, though not all, of the changes which we are recommending5. In a way, they reflect the tendency in which .the law has been developing. They illustrate (to borrow the language of the Supreme Court6, used in another context), the policy which has moved determinedly in this direction.
1. Bombay Act 23 of 1951
2. See Appendix 3.
3. Punjab Act 25 of 1964.
4. See Appendix 4.
5. Appendix 1.
6. State of West Bengal v. Nripendra Nath Bagchi, (1966) 1 SCR 711 (790): (1966) 2 SCJ 59 (69).