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Article 194 (3) and the Triangle of Democracy

By Sagar Chand Gupta

Published In

Air 1965

The concept of democracy can be explained only in terms of the citizen, the legislature and the judiciary. These three sides constitute a kind of triangle of democracy. No attempt can be allowed to disturb their relative positions or balance. Else, democracy will tend to lose its shape. But, if unfortunately such an attempt does happen to occur, where should we look for the final word to settle the dispute ? It is an important question which is no longer a mere hypothetical poser. It is a big mark of interrogation that has been attracting and agitating the Indian mind ever since the now-famous jurisdictional dispute arose between the U. P. Legislative Assembly and the Allahabad High Court over a year ago. On 21-3-1964, the U. P. Vidhan Sabha passed a resolution declaring that two Judges of the Allahabad High Court be brought under custody before the Bar of the House for having committed its contempt by passing an interim order for the release on bail of one Keshava Singh who ....

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