9911796707
TMI Blog2014 (3) TMI 1221X X X X Extracts X X X X X X X X Extracts X X X X ..... es not meet the eligibility educational requirements stipulated in clause 'b' of Rule 14 of Delhi Judicial Service Rules, 1970. The petitioner is still a student of LL.B., studying in the 10th semester (final year). Learned counsel for the petitioner submits that the aforesaid decision requires reconsideration in view of decision of five Judges Bench of this Court in Geetika Panwar and Delhi High Court Bar Association and Another Vs. Government of NCT of Delhi and Others,: AIR 2003 Delhi 317 wherein Entry 11A of List-III inserted by the Constitution (42nd Amendment) Act, 1976 was interpreted and it was observed that inspite of the semi colon, the said entry has to be read as one complete and comprehensive sentence. In other words, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or parenthetical elements, items in a series. Making use of the two punctuation marks, on plain and literal interpretation of Entry 11-A of list III, the Parliament as well as the State Legislatures are competent to enact laws relating to the "administration of justice" as well as "constitution and organisation" of all courts, excluding the Supreme Court and High Courts. It is not permissible under this entry for the State Legislature to enact any law on the subject of "Administration of justice" and/or "constitution and organisation" relating to the High courts or the Supreme Court. The Delhi Legislative Assembly, as such, has no competence since neither the "administration of justice", nor "constitution and organisation" of High Court is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e power to legislative on the jurisdiction of all courts including that of High Court. It was urged that constitution and organisation of a High Court is the subject matter of Entry 78 in List-I and constitution and organisation of Supreme Court is subject matter of Entry 77 in List-I. By virtue of Entry 11-A of List III State Legislature are competent to enact laws on the subject of Administration of justice for all Courts which will include High Court, since "semi colon" separates the earlier phrase. 30. On the effect and scope of the semicolon in Entry 11-A, learned Attorney General submitted that punctuation is relevant in some cases but in any event is not controlling. According to him, the Constitutional Scheme is that the High Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nterpreted as one complete and comprehensive sentence i.e. "administration of justice and constitution and organisation of all courts except Supreme Court and the High Courts". In other words, the subject matter of Entry 11-A of List III is the "administration of justice" and "constitution and organisation" of all courts other than Supreme Court and the High Courts. 4. The aforesaid paragraphs would indicate that the reason and ratio given in the said decision, was keeping in light, the substance of the matter, the Constitutional scheme and to give effect to Entry 11A of List-III. It was observed that the entry has to be read and interpreted as one complete and comprehensive sentence. The aforesaid decision also refers to the contextual sc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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