Deprecated (16384): The ArrayAccess methods will be removed in 4.0.0.Use getParam(), getData() and getQuery() instead. - /home/brlfuser/public_html/src/Controller/ArtileDetailController.php, line: 73
 You can disable deprecation warnings by setting `Error.errorLevel` to `E_ALL & ~E_USER_DEPRECATED` in your config/app.php. [CORE/src/Core/functions.php, line 311]
Code Context


        trigger_error($message, E_USER_DEPRECATED);

    }
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 You can disable deprecation warnings by setting `Error.errorLevel` to `E_ALL & ~E_USER_DEPRECATED` in your config/app.php.'
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deprecationWarning - CORE/src/Core/functions.php, line 311
Cake\Http\ServerRequest::offsetGet() - CORE/src/Http/ServerRequest.php, line 2421
App\Controller\ArtileDetailController::printArticle() - APP/Controller/ArtileDetailController.php, line 73
Cake\Controller\Controller::invokeAction() - CORE/src/Controller/Controller.php, line 610
Cake\Http\ActionDispatcher::_invoke() - CORE/src/Http/ActionDispatcher.php, line 120
Cake\Http\ActionDispatcher::dispatch() - CORE/src/Http/ActionDispatcher.php, line 94
Cake\Http\BaseApplication::__invoke() - CORE/src/Http/BaseApplication.php, line 235
Cake\Http\Runner::__invoke() - CORE/src/Http/Runner.php, line 65
Cake\Routing\Middleware\RoutingMiddleware::__invoke() - CORE/src/Routing/Middleware/RoutingMiddleware.php, line 162
Cake\Http\Runner::__invoke() - CORE/src/Http/Runner.php, line 65
Cake\Routing\Middleware\AssetMiddleware::__invoke() - CORE/src/Routing/Middleware/AssetMiddleware.php, line 88
Cake\Http\Runner::__invoke() - CORE/src/Http/Runner.php, line 65
Cake\Error\Middleware\ErrorHandlerMiddleware::__invoke() - CORE/src/Error/Middleware/ErrorHandlerMiddleware.php, line 96
Cake\Http\Runner::__invoke() - CORE/src/Http/Runner.php, line 65
Cake\Http\Runner::run() - CORE/src/Http/Runner.php, line 51
Cake\Http\Server::run() - CORE/src/Http/Server.php, line 98

Deprecated (16384): The ArrayAccess methods will be removed in 4.0.0.Use getParam(), getData() and getQuery() instead. - /home/brlfuser/public_html/src/Controller/ArtileDetailController.php, line: 74
 You can disable deprecation warnings by setting `Error.errorLevel` to `E_ALL & ~E_USER_DEPRECATED` in your config/app.php. [CORE/src/Core/functions.php, line 311]
Code Context


        trigger_error($message, E_USER_DEPRECATED);

    }
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 You can disable deprecation warnings by setting `Error.errorLevel` to `E_ALL & ~E_USER_DEPRECATED` in your config/app.php.'
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deprecationWarning - CORE/src/Core/functions.php, line 311
Cake\Http\ServerRequest::offsetGet() - CORE/src/Http/ServerRequest.php, line 2421
App\Controller\ArtileDetailController::printArticle() - APP/Controller/ArtileDetailController.php, line 74
Cake\Controller\Controller::invokeAction() - CORE/src/Controller/Controller.php, line 610
Cake\Http\ActionDispatcher::_invoke() - CORE/src/Http/ActionDispatcher.php, line 120
Cake\Http\ActionDispatcher::dispatch() - CORE/src/Http/ActionDispatcher.php, line 94
Cake\Http\BaseApplication::__invoke() - CORE/src/Http/BaseApplication.php, line 235
Cake\Http\Runner::__invoke() - CORE/src/Http/Runner.php, line 65
Cake\Routing\Middleware\RoutingMiddleware::__invoke() - CORE/src/Routing/Middleware/RoutingMiddleware.php, line 162
Cake\Http\Runner::__invoke() - CORE/src/Http/Runner.php, line 65
Cake\Routing\Middleware\AssetMiddleware::__invoke() - CORE/src/Routing/Middleware/AssetMiddleware.php, line 88
Cake\Http\Runner::__invoke() - CORE/src/Http/Runner.php, line 65
Cake\Error\Middleware\ErrorHandlerMiddleware::__invoke() - CORE/src/Error/Middleware/ErrorHandlerMiddleware.php, line 96
Cake\Http\Runner::__invoke() - CORE/src/Http/Runner.php, line 65
Cake\Http\Runner::run() - CORE/src/Http/Runner.php, line 51
Cake\Http\Server::run() - CORE/src/Http/Server.php, line 98

Warning (512): Unable to emit headers. Headers sent in file=/home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php line=853 [CORE/src/Http/ResponseEmitter.php, line 48]
Code Context
            if (Configure::read('debug')) {

                trigger_error($message, E_USER_WARNING);

            } else {
$response = object(Cake\Http\Response) {

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</span></span></code>
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The Centre, while seeking to recall/modify the July 4 Supreme Court order on the black money issue, has disputed the finding that certain admissions and concessions were made by the government counsel during the course of hearing of the petition filed by the former Union Law Minister, Ram Jethmalani.&lt;br /&gt;
&lt;br /&gt;
On July 15, the Centre filed an application for recall of the order (briefly published on July 16). According to the application (a copy of which is obtained by The Hindu ), &amp;ldquo;The order proceeds on the admission, concessions, statements and acknowledgements attributed to counsel appearing for the Union of India. Such concessions, statements, admissions and acknowledgements do not appear to have been made and, therefore, the order proceeds on an incorrect factual basis.&amp;rdquo;&lt;br /&gt;
&lt;br /&gt;
&amp;ldquo;Without jurisdiction&amp;rdquo;&lt;br /&gt;
&lt;br /&gt;
It said: &amp;ldquo;The order is without jurisdiction in as much as it impinges upon and goes contrary to the legally well-established Doctrine of Separation of Powers. It is contrary to the settled legal principle that the function of the court is to see that Lawful Authority is duly exercised by the Executive, and not to take over itself the tasks entrusted to the Executive. It impinges upon the well-settled principle that courts do not interfere with the Economic Policy, which is in the domain of the Executive and that it is not the function of the court to sit in judgment over matters of Economic Policy, which must necessarily be left to the expert bodies. Courts do not supplant the views of experts with its own views.&amp;rdquo;&lt;br /&gt;
&lt;br /&gt;
The Centre said: &amp;ldquo;The order impinges upon the principle that in matters of utilities, tax and economic policy, legislation and regulation cases, the court exercises judicial self-restraint if not judicial deference to the acts of the Executive, since the Executive has obligations and responsibility both constitutionally and statutorily. The discussions of economic theories and the wide-ranging criticism of the state in paras 1 to 20 are uncalled for, unjustified and made without any discussion in court or material therefore.&amp;rdquo;&lt;br /&gt;
&lt;br /&gt;
The order &amp;ldquo;has the effect of completely eliminating the role and denuding the constitutional responsibility of the Executive, which itself is answerable to Parliament, and it directly interferes with the functions and obligations of the Executive, more particularly, since it is ordered that the Special Investigation Team will report directly to the Supreme Court, therefore excluding the Executive, and consequently Parliament also.&lt;br /&gt;
&lt;br /&gt;
Steps taken&lt;br /&gt;
&lt;br /&gt;
Explaining the steps to recover black money, the Centre said: &amp;ldquo;The government has detected an unaccounted income of Rs.18,750 crore in the last two financial years alone, due to focussed search and seizure operations by the Income Tax Department in India.&amp;rdquo;
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&lt;br /&gt;
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&lt;br /&gt;
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&lt;br /&gt;
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&lt;br /&gt;
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&lt;br /&gt;
Steps taken&lt;br /&gt;
&lt;br /&gt;
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Cake\Controller\Controller::render() - CORE/src/Controller/Controller.php, line 791
Cake\Http\ActionDispatcher::_invoke() - CORE/src/Http/ActionDispatcher.php, line 126
Cake\Http\ActionDispatcher::dispatch() - CORE/src/Http/ActionDispatcher.php, line 94
Cake\Http\BaseApplication::__invoke() - CORE/src/Http/BaseApplication.php, line 235
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                <strong>Court order goes against Doctrine of Separation of Powers: Centre by J. Venkatesan</strong></h1>
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    <link rel="canonical" href="https://im4change.in/<pre class="cake-error"><a href="javascript:void(0);" onclick="document.getElementById('cakeErr680f29bb6c09d-trace').style.display = (document.getElementById('cakeErr680f29bb6c09d-trace').style.display == 'none' ? '' : 'none');"><b>Notice</b> (8)</a>: Undefined variable: urlPrefix [<b>APP/Template/Layout/printlayout.ctp</b>, line <b>8</b>]<div id="cakeErr680f29bb6c09d-trace" class="cake-stack-trace" style="display: none;"><a href="javascript:void(0);" onclick="document.getElementById('cakeErr680f29bb6c09d-code').style.display = (document.getElementById('cakeErr680f29bb6c09d-code').style.display == 'none' ? '' : 'none')">Code</a> <a href="javascript:void(0);" onclick="document.getElementById('cakeErr680f29bb6c09d-context').style.display = (document.getElementById('cakeErr680f29bb6c09d-context').style.display == 'none' ? '' : 'none')">Context</a><pre id="cakeErr680f29bb6c09d-code" class="cake-code-dump" style="display: none;"><code><span style="color: #000000"><span style="color: #0000BB"></span><span style="color: #007700">&lt;</span><span style="color: #0000BB">head</span><span style="color: #007700">&gt;
</span></span></code>
<span class="code-highlight"><code><span style="color: #000000">&nbsp;&nbsp;&nbsp;&nbsp;&lt;link&nbsp;rel="canonical"&nbsp;href="<span style="color: #0000BB">&lt;?php&nbsp;</span><span style="color: #007700">echo&nbsp;</span><span style="color: #0000BB">Configure</span><span style="color: #007700">::</span><span style="color: #0000BB">read</span><span style="color: #007700">(</span><span style="color: #DD0000">'SITE_URL'</span><span style="color: #007700">);&nbsp;</span><span style="color: #0000BB">?&gt;&lt;?php&nbsp;</span><span style="color: #007700">echo&nbsp;</span><span style="color: #0000BB">$urlPrefix</span><span style="color: #007700">;</span><span style="color: #0000BB">?&gt;&lt;?php&nbsp;</span><span style="color: #007700">echo&nbsp;</span><span style="color: #0000BB">$article_current</span><span style="color: #007700">-&gt;</span><span style="color: #0000BB">category</span><span style="color: #007700">-&gt;</span><span style="color: #0000BB">slug</span><span style="color: #007700">;&nbsp;</span><span style="color: #0000BB">?&gt;</span>/<span style="color: #0000BB">&lt;?php&nbsp;</span><span style="color: #007700">echo&nbsp;</span><span style="color: #0000BB">$article_current</span><span style="color: #007700">-&gt;</span><span style="color: #0000BB">seo_url</span><span style="color: #007700">;&nbsp;</span><span style="color: #0000BB">?&gt;</span>.html"/&gt;
</span></code></span>
<code><span style="color: #000000"><span style="color: #0000BB">&nbsp;&nbsp;&nbsp;&nbsp;</span><span style="color: #007700">&lt;</span><span style="color: #0000BB">meta&nbsp;http</span><span style="color: #007700">-</span><span style="color: #0000BB">equiv</span><span style="color: #007700">=</span><span style="color: #DD0000">"Content-Type"&nbsp;</span><span style="color: #0000BB">content</span><span style="color: #007700">=</span><span style="color: #DD0000">"text/html;&nbsp;charset=utf-8"</span><span style="color: #007700">/&gt;
</span></span></code></pre><pre id="cakeErr680f29bb6c09d-context" class="cake-context" style="display: none;">$viewFile = &#039;/home/brlfuser/public_html/src/Template/Layout/printlayout.ctp&#039;
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The Centre, while seeking to recall/modify the July 4 Supreme Court order on the black money issue, has disputed the finding that certain admissions and concessions were made by the government counsel during the course of hearing of the petition filed by the former Union Law Minister, Ram Jethmalani.&lt;br /&gt;
&lt;br /&gt;
On July 15, the Centre filed an application for recall of the order (briefly published on July 16). According to the application (a copy of which is obtained by The Hindu ), &amp;ldquo;The order proceeds on the admission, concessions, statements and acknowledgements attributed to counsel appearing for the Union of India. Such concessions, statements, admissions and acknowledgements do not appear to have been made and, therefore, the order proceeds on an incorrect factual basis.&amp;rdquo;&lt;br /&gt;
&lt;br /&gt;
&amp;ldquo;Without jurisdiction&amp;rdquo;&lt;br /&gt;
&lt;br /&gt;
It said: &amp;ldquo;The order is without jurisdiction in as much as it impinges upon and goes contrary to the legally well-established Doctrine of Separation of Powers. It is contrary to the settled legal principle that the function of the court is to see that Lawful Authority is duly exercised by the Executive, and not to take over itself the tasks entrusted to the Executive. It impinges upon the well-settled principle that courts do not interfere with the Economic Policy, which is in the domain of the Executive and that it is not the function of the court to sit in judgment over matters of Economic Policy, which must necessarily be left to the expert bodies. Courts do not supplant the views of experts with its own views.&amp;rdquo;&lt;br /&gt;
&lt;br /&gt;
The Centre said: &amp;ldquo;The order impinges upon the principle that in matters of utilities, tax and economic policy, legislation and regulation cases, the court exercises judicial self-restraint if not judicial deference to the acts of the Executive, since the Executive has obligations and responsibility both constitutionally and statutorily. The discussions of economic theories and the wide-ranging criticism of the state in paras 1 to 20 are uncalled for, unjustified and made without any discussion in court or material therefore.&amp;rdquo;&lt;br /&gt;
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&lt;br /&gt;
Steps taken&lt;br /&gt;
&lt;br /&gt;
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&lt;br /&gt;
Steps taken&lt;br /&gt;
&lt;br /&gt;
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Cake\View\View::_evaluate() - CORE/src/View/View.php, line 1413
Cake\View\View::_render() - CORE/src/View/View.php, line 1374
Cake\View\View::renderLayout() - CORE/src/View/View.php, line 927
Cake\View\View::render() - CORE/src/View/View.php, line 885
Cake\Controller\Controller::render() - CORE/src/Controller/Controller.php, line 791
Cake\Http\ActionDispatcher::_invoke() - CORE/src/Http/ActionDispatcher.php, line 126
Cake\Http\ActionDispatcher::dispatch() - CORE/src/Http/ActionDispatcher.php, line 94
Cake\Http\BaseApplication::__invoke() - CORE/src/Http/BaseApplication.php, line 235
Cake\Http\Runner::__invoke() - CORE/src/Http/Runner.php, line 65
Cake\Routing\Middleware\RoutingMiddleware::__invoke() - CORE/src/Routing/Middleware/RoutingMiddleware.php, line 162
Cake\Http\Runner::__invoke() - CORE/src/Http/Runner.php, line 65
Cake\Routing\Middleware\AssetMiddleware::__invoke() - CORE/src/Routing/Middleware/AssetMiddleware.php, line 88
Cake\Http\Runner::__invoke() - CORE/src/Http/Runner.php, line 65
Cake\Error\Middleware\ErrorHandlerMiddleware::__invoke() - CORE/src/Error/Middleware/ErrorHandlerMiddleware.php, line 96
Cake\Http\Runner::__invoke() - CORE/src/Http/Runner.php, line 65
Cake\Http\Runner::run() - CORE/src/Http/Runner.php, line 51</pre></div></pre>latest-news-updates/court-order-goes-against-doctrine-of-separation-of-powers-centre-by-j-venkatesan-9050.html"/>
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                <strong>Court order goes against Doctrine of Separation of Powers: Centre by J. Venkatesan</strong></h1>
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                <div align="justify">The Centre, while seeking to recall/modify the July 4 Supreme Court order on the black money issue, has disputed the finding that certain admissions and concessions were made by the government counsel during the course of hearing of the petition filed by the former Union Law Minister, Ram Jethmalani.<br /><br />On July 15, the Centre filed an application for recall of the order (briefly published on July 16). According to the application (a copy of which is obtained by The Hindu ), &ldquo;The order proceeds on the admission, concessions, statements and acknowledgements attributed to counsel appearing for the Union of India. Such concessions, statements, admissions and acknowledgements do not appear to have been made and, therefore, the order proceeds on an incorrect factual basis.&rdquo;<br /><br />&ldquo;Without jurisdiction&rdquo;<br /><br />It said: &ldquo;The order is without jurisdiction in as much as it impinges upon and goes contrary to the legally well-established Doctrine of Separation of Powers. It is contrary to the settled legal principle that the function of the court is to see that Lawful Authority is duly exercised by the Executive, and not to take over itself the tasks entrusted to the Executive. It impinges upon the well-settled principle that courts do not interfere with the Economic Policy, which is in the domain of the Executive and that it is not the function of the court to sit in judgment over matters of Economic Policy, which must necessarily be left to the expert bodies. Courts do not supplant the views of experts with its own views.&rdquo;<br /><br />The Centre said: &ldquo;The order impinges upon the principle that in matters of utilities, tax and economic policy, legislation and regulation cases, the court exercises judicial self-restraint if not judicial deference to the acts of the Executive, since the Executive has obligations and responsibility both constitutionally and statutorily. The discussions of economic theories and the wide-ranging criticism of the state in paras 1 to 20 are uncalled for, unjustified and made without any discussion in court or material therefore.&rdquo;<br /><br />The order &ldquo;has the effect of completely eliminating the role and denuding the constitutional responsibility of the Executive, which itself is answerable to Parliament, and it directly interferes with the functions and obligations of the Executive, more particularly, since it is ordered that the Special Investigation Team will report directly to the Supreme Court, therefore excluding the Executive, and consequently Parliament also.<br /><br />Steps taken<br /><br />Explaining the steps to recover black money, the Centre said: &ldquo;The government has detected an unaccounted income of Rs.18,750 crore in the last two financial years alone, due to focussed search and seizure operations by the Income Tax Department in India.&rdquo;</div>               </font>
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    <link rel="canonical" href="https://im4change.in/<pre class="cake-error"><a href="javascript:void(0);" onclick="document.getElementById('cakeErr680f29bb6c09d-trace').style.display = (document.getElementById('cakeErr680f29bb6c09d-trace').style.display == 'none' ? '' : 'none');"><b>Notice</b> (8)</a>: Undefined variable: urlPrefix [<b>APP/Template/Layout/printlayout.ctp</b>, line <b>8</b>]<div id="cakeErr680f29bb6c09d-trace" class="cake-stack-trace" style="display: none;"><a href="javascript:void(0);" onclick="document.getElementById('cakeErr680f29bb6c09d-code').style.display = (document.getElementById('cakeErr680f29bb6c09d-code').style.display == 'none' ? '' : 'none')">Code</a> <a href="javascript:void(0);" onclick="document.getElementById('cakeErr680f29bb6c09d-context').style.display = (document.getElementById('cakeErr680f29bb6c09d-context').style.display == 'none' ? '' : 'none')">Context</a><pre id="cakeErr680f29bb6c09d-code" class="cake-code-dump" style="display: none;"><code><span style="color: #000000"><span style="color: #0000BB"></span><span style="color: #007700">&lt;</span><span style="color: #0000BB">head</span><span style="color: #007700">&gt;
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The Centre, while seeking to recall/modify the July 4 Supreme Court order on the black money issue, has disputed the finding that certain admissions and concessions were made by the government counsel during the course of hearing of the petition filed by the former Union Law Minister, Ram Jethmalani.&lt;br /&gt;
&lt;br /&gt;
On July 15, the Centre filed an application for recall of the order (briefly published on July 16). According to the application (a copy of which is obtained by The Hindu ), &amp;ldquo;The order proceeds on the admission, concessions, statements and acknowledgements attributed to counsel appearing for the Union of India. Such concessions, statements, admissions and acknowledgements do not appear to have been made and, therefore, the order proceeds on an incorrect factual basis.&amp;rdquo;&lt;br /&gt;
&lt;br /&gt;
&amp;ldquo;Without jurisdiction&amp;rdquo;&lt;br /&gt;
&lt;br /&gt;
It said: &amp;ldquo;The order is without jurisdiction in as much as it impinges upon and goes contrary to the legally well-established Doctrine of Separation of Powers. It is contrary to the settled legal principle that the function of the court is to see that Lawful Authority is duly exercised by the Executive, and not to take over itself the tasks entrusted to the Executive. It impinges upon the well-settled principle that courts do not interfere with the Economic Policy, which is in the domain of the Executive and that it is not the function of the court to sit in judgment over matters of Economic Policy, which must necessarily be left to the expert bodies. Courts do not supplant the views of experts with its own views.&amp;rdquo;&lt;br /&gt;
&lt;br /&gt;
The Centre said: &amp;ldquo;The order impinges upon the principle that in matters of utilities, tax and economic policy, legislation and regulation cases, the court exercises judicial self-restraint if not judicial deference to the acts of the Executive, since the Executive has obligations and responsibility both constitutionally and statutorily. The discussions of economic theories and the wide-ranging criticism of the state in paras 1 to 20 are uncalled for, unjustified and made without any discussion in court or material therefore.&amp;rdquo;&lt;br /&gt;
&lt;br /&gt;
The order &amp;ldquo;has the effect of completely eliminating the role and denuding the constitutional responsibility of the Executive, which itself is answerable to Parliament, and it directly interferes with the functions and obligations of the Executive, more particularly, since it is ordered that the Special Investigation Team will report directly to the Supreme Court, therefore excluding the Executive, and consequently Parliament also.&lt;br /&gt;
&lt;br /&gt;
Steps taken&lt;br /&gt;
&lt;br /&gt;
Explaining the steps to recover black money, the Centre said: &amp;ldquo;The government has detected an unaccounted income of Rs.18,750 crore in the last two financial years alone, due to focussed search and seizure operations by the Income Tax Department in India.&amp;rdquo;
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&lt;br /&gt;
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&lt;br /&gt;
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&lt;br /&gt;
Steps taken&lt;br /&gt;
&lt;br /&gt;
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                <strong>Court order goes against Doctrine of Separation of Powers: Centre by J. Venkatesan</strong></h1>
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                <div align="justify">The Centre, while seeking to recall/modify the July 4 Supreme Court order on the black money issue, has disputed the finding that certain admissions and concessions were made by the government counsel during the course of hearing of the petition filed by the former Union Law Minister, Ram Jethmalani.<br /><br />On July 15, the Centre filed an application for recall of the order (briefly published on July 16). According to the application (a copy of which is obtained by The Hindu ), &ldquo;The order proceeds on the admission, concessions, statements and acknowledgements attributed to counsel appearing for the Union of India. Such concessions, statements, admissions and acknowledgements do not appear to have been made and, therefore, the order proceeds on an incorrect factual basis.&rdquo;<br /><br />&ldquo;Without jurisdiction&rdquo;<br /><br />It said: &ldquo;The order is without jurisdiction in as much as it impinges upon and goes contrary to the legally well-established Doctrine of Separation of Powers. It is contrary to the settled legal principle that the function of the court is to see that Lawful Authority is duly exercised by the Executive, and not to take over itself the tasks entrusted to the Executive. It impinges upon the well-settled principle that courts do not interfere with the Economic Policy, which is in the domain of the Executive and that it is not the function of the court to sit in judgment over matters of Economic Policy, which must necessarily be left to the expert bodies. Courts do not supplant the views of experts with its own views.&rdquo;<br /><br />The Centre said: &ldquo;The order impinges upon the principle that in matters of utilities, tax and economic policy, legislation and regulation cases, the court exercises judicial self-restraint if not judicial deference to the acts of the Executive, since the Executive has obligations and responsibility both constitutionally and statutorily. The discussions of economic theories and the wide-ranging criticism of the state in paras 1 to 20 are uncalled for, unjustified and made without any discussion in court or material therefore.&rdquo;<br /><br />The order &ldquo;has the effect of completely eliminating the role and denuding the constitutional responsibility of the Executive, which itself is answerable to Parliament, and it directly interferes with the functions and obligations of the Executive, more particularly, since it is ordered that the Special Investigation Team will report directly to the Supreme Court, therefore excluding the Executive, and consequently Parliament also.<br /><br />Steps taken<br /><br />Explaining the steps to recover black money, the Centre said: &ldquo;The government has detected an unaccounted income of Rs.18,750 crore in the last two financial years alone, due to focussed search and seizure operations by the Income Tax Department in India.&rdquo;</div>               </font>
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The Centre, while seeking to recall/modify the July 4 Supreme Court order on the black money issue, has disputed the finding that certain admissions and concessions were made by the government counsel during the course of hearing of the petition filed by the former Union Law Minister, Ram Jethmalani.<br />
<br />
On July 15, the Centre filed an application for recall of the order (briefly published on July 16). According to the application (a copy of which is obtained by The Hindu ), &ldquo;The order proceeds on the admission, concessions, statements and acknowledgements attributed to counsel appearing for the Union of India. Such concessions, statements, admissions and acknowledgements do not appear to have been made and, therefore, the order proceeds on an incorrect factual basis.&rdquo;<br />
<br />
&ldquo;Without jurisdiction&rdquo;<br />
<br />
It said: &ldquo;The order is without jurisdiction in as much as it impinges upon and goes contrary to the legally well-established Doctrine of Separation of Powers. It is contrary to the settled legal principle that the function of the court is to see that Lawful Authority is duly exercised by the Executive, and not to take over itself the tasks entrusted to the Executive. It impinges upon the well-settled principle that courts do not interfere with the Economic Policy, which is in the domain of the Executive and that it is not the function of the court to sit in judgment over matters of Economic Policy, which must necessarily be left to the expert bodies. Courts do not supplant the views of experts with its own views.&rdquo;<br />
<br />
The Centre said: &ldquo;The order impinges upon the principle that in matters of utilities, tax and economic policy, legislation and regulation cases, the court exercises judicial self-restraint if not judicial deference to the acts of the Executive, since the Executive has obligations and responsibility both constitutionally and statutorily. The discussions of economic theories and the wide-ranging criticism of the state in paras 1 to 20 are uncalled for, unjustified and made without any discussion in court or material therefore.&rdquo;<br />
<br />
The order &ldquo;has the effect of completely eliminating the role and denuding the constitutional responsibility of the Executive, which itself is answerable to Parliament, and it directly interferes with the functions and obligations of the Executive, more particularly, since it is ordered that the Special Investigation Team will report directly to the Supreme Court, therefore excluding the Executive, and consequently Parliament also.<br />
<br />
Steps taken<br />
<br />
Explaining the steps to recover black money, the Centre said: &ldquo;The government has detected an unaccounted income of Rs.18,750 crore in the last two financial years alone, due to focussed search and seizure operations by the Income Tax Department in India.&rdquo;
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The Centre, while seeking to recall/modify the July 4 Supreme Court order on the black money issue, has disputed the finding that certain admissions and concessions were made by the government counsel during the course of hearing of the petition filed by the former Union Law Minister, Ram Jethmalani.<br />
<br />
On July 15, the Centre filed an application for recall of the order (briefly published on July 16). According to the application (a copy of which is obtained by The Hindu ), &ldquo;The order proceeds on the admission, concessions, statements and acknowledgements attributed to counsel appearing for the Union of India. Such concessions, statements, admissions and acknowledgements do not appear to have been made and, therefore, the order proceeds on an incorrect factual basis.&rdquo;<br />
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<br />
The Centre said: &ldquo;The order impinges upon the principle that in matters of utilities, tax and economic policy, legislation and regulation cases, the court exercises judicial self-restraint if not judicial deference to the acts of the Executive, since the Executive has obligations and responsibility both constitutionally and statutorily. The discussions of economic theories and the wide-ranging criticism of the state in paras 1 to 20 are uncalled for, unjustified and made without any discussion in court or material therefore.&rdquo;<br />
<br />
The order &ldquo;has the effect of completely eliminating the role and denuding the constitutional responsibility of the Executive, which itself is answerable to Parliament, and it directly interferes with the functions and obligations of the Executive, more particularly, since it is ordered that the Special Investigation Team will report directly to the Supreme Court, therefore excluding the Executive, and consequently Parliament also.<br />
<br />
Steps taken<br />
<br />
Explaining the steps to recover black money, the Centre said: &ldquo;The government has detected an unaccounted income of Rs.18,750 crore in the last two financial years alone, due to focussed search and seizure operations by the Income Tax Department in India.&rdquo;
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The Centre, while seeking to recall/modify the July 4 Supreme Court order on the black money issue, has disputed the finding that certain admissions and concessions were made by the government counsel during the course of hearing of the petition...'
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Court order goes against Doctrine of Separation of Powers: Centre by J. Venkatesan

The Centre, while seeking to recall/modify the July 4 Supreme Court order on the black money issue, has disputed the finding that certain admissions and concessions were made by the government counsel during the course of hearing of the petition filed by the former Union Law Minister, Ram Jethmalani. On July 15, the Centre filed an application for recall of the order (briefly published on July 16). According to the application (a copy of which is obtained by The Hindu ), “The order proceeds on the admission, concessions, statements and acknowledgements attributed to counsel appearing for the Union of India. Such concessions, statements, admissions and acknowledgements do not appear to have been made and, therefore, the order proceeds on an incorrect factual basis.” “Without jurisdiction” It said: “The order is without jurisdiction in as much as it impinges upon and goes contrary to the legally well-established Doctrine of Separation of Powers. It is contrary to the settled legal principle that the function of the court is to see that Lawful Authority is duly exercised by the Executive, and not to take over itself the tasks entrusted to the Executive. It impinges upon the well-settled principle that courts do not interfere with the Economic Policy, which is in the domain of the Executive and that it is not the function of the court to sit in judgment over matters of Economic Policy, which must necessarily be left to the expert bodies. Courts do not supplant the views of experts with its own views.” The Centre said: “The order impinges upon the principle that in matters of utilities, tax and economic policy, legislation and regulation cases, the court exercises judicial self-restraint if not judicial deference to the acts of the Executive, since the Executive has obligations and responsibility both constitutionally and statutorily. The discussions of economic theories and the wide-ranging criticism of the state in paras 1 to 20 are uncalled for, unjustified and made without any discussion in court or material therefore.” The order “has the effect of completely eliminating the role and denuding the constitutional responsibility of the Executive, which itself is answerable to Parliament, and it directly interferes with the functions and obligations of the Executive, more particularly, since it is ordered that the Special Investigation Team will report directly to the Supreme Court, therefore excluding the Executive, and consequently Parliament also. Steps taken Explaining the steps to recover black money, the Centre said: “The government has detected an unaccounted income of Rs.18,750 crore in the last two financial years alone, due to focussed search and seizure operations by the Income Tax Department in India.”