Document Fragment View

Matching Fragments

23. The Constitution is binding on all the branches under the Constitution. It isonly expected that the Court should act legally rather than as a political institution as it thinks fit by manipulating the principles to make things come out the way it wishes on the grounds that are not contained in the principles it proposes to apply. It is well established that in the absence of a law, a Judge is a functionary without functions. He has no law to apply. A Judge has a never ending task of discerning the meaning of provisions from one case to next. No doubt the Judge is required to adjust themeaning of the words of the Constitution in the changed circumstances rendering the constitutional guarantee meaningful.

49. The learned Counsel for the petitioner has vehemently argued that provisions of Article 361 be read down in order to hold that the protection available to the Governor is only limited to the municipal Courts. We fail to comprehend the distinction attempted to be made between the municipal Courts and the High Courts. The word 'Court' in the Constitution has to be interpreted in the broad sense. No restrictions by implication can be put on the word 'Court' used in Article 361. There are no grounds for reading down Article 361 or importing limitation by interpretative law and restricting the broad umbrella given to high constitutional executive functionary, which was thought of quite essential for the appropriate functioning of the polity of the society free from fear, etc. Thus, we find no force in the submission of the learned Counsel for the petitioner that Article 361 needs to be read down and the immunity provided to the Governor has to be limited to the Municipal Courts alone. There are no bases that the expression 'Court' in Article 361 does not encompass this Court exercising powers of judicial review. The contention is misconceived. There is no warrant to come to such a conclusion on the constitutional text and context or any accepted principle of constitutional interpretation for such a view. Categorical plain reading of constitutional provisions and scheme does ordain such a conclusion.