Section 28 in The West Bengal Separation of Judicial And Executive Functions Act, 1970
28. After section 38, the following section shall be inserted, namely :-
"38A. Judicial powers to be conferred in consultation with the High Court. - Whenever under any provisions of this Code or any other law for the time being in force, any judicial powers are to be conferred by the State Government on a Sessions Judge or an Additional or Assistant Sessions Judge or a Sub-Divisional Judicial Magistrate or any other Judicial Magistrate, or any such Judicial Magistrate is to be specially empowered to exercise such powers, the order conferring such powers or empowering the exercise of such powers shall be made by the State Government in consultation with the High Court notwithstanding that such provision may not expressly so provide.Explanation. - For the purposes of this section, the question whether any powers are judicial shall be decided by the State Government in consultation with the High Court and such decision shall be final.".
