1929 (12) TMI 2 - HC - Indian Laws

Summary

Issues Involved
1. Jurisdiction of the High Court in certiorari.
2. Whether certiorari can issue against the Governor acting with Ministers.
3. Preliminary objection regarding the form of the application.
4. Jurisdiction of the High Court to issue a writ of certiorari against the Government of Madras, Ministry of Public Health.
5. Whether the writ should be granted in the present case.

Detailed Analysis

1. Jurisdiction of the High Court in Certiorari
The writ of certiorari is described as the process by which the King's Bench Division, in the exercise of its superintending power over inferior jurisdictions, requires the Judges or officers of such jurisdictions to certify or send proceedings before them into the King's Bench Division for examining the legality of such proceedings or for giving fuller or more satisfactory effect to them. The High Court possesses the same jurisdiction in certiorari as the Court in England, which includes the power to control bodies empowered by law to inquire into facts and make decisions affecting the rights of others.

2. Whether Certiorari Can Issue Against the Governor Acting with Ministers
The High Court does not possess jurisdiction to issue a writ of certiorari against the Governor acting with Ministers. This conclusion is based on historical statutes and charters, including the East India Company Act, 1772, and subsequent legislation that established the Supreme Court at Madras with the same limitations as the Supreme Court at Fort William in Bengal. The Governor and Council were exempted from the jurisdiction of the Supreme Court for acts done in their public capacity. This exemption extends to the Governor acting with Ministers under the Government of India Act.

3. Preliminary Objection Regarding the Form of the Application
The application for the writ should have been directed against the Government of Madras, Ministry of Public Health, rather than the Honourable the Minister of Public Health. The Local Government's order under Section 38, clause 2 of the Local Boards Act, 1920, should be made by the Governor acting with the Minister in charge of the subject. The application was considered to have been directed against the proper department of the Government of Madras, and the preliminary objection was overruled.

4. Jurisdiction of the High Court to Issue a Writ of Certiorari Against the Government of Madras, Ministry of Public Health
The High Court does not have jurisdiction to issue a writ of certiorari against the Government of Madras, Ministry of Public Health. The jurisdiction of the High Court in certiorari falls within its original jurisdiction, and Section 110 of the Government of India Act exempts the Governor, Ministers, and the Governor acting with Ministers from the original jurisdiction of the High Court for acts done in their public capacity. This exemption is consistent with the historical limitations on the jurisdiction of the Supreme Court over the Governor and Council.

5. Whether the Writ Should Be Granted in the Present Case
Since the High Court does not have jurisdiction to issue a writ of certiorari against the Local Government, the question of whether the writ should be granted does not arise. The application for the writ of certiorari was dismissed with costs.

Conclusion
The High Court dismissed the application for a writ of certiorari against the Government of Madras, Ministry of Public Health, on the grounds that it lacked jurisdiction to issue such a writ against the Governor acting with Ministers. This decision was based on historical statutes and charters that established the limitations on the jurisdiction of the Supreme Court and the High Court over the Governor and Council, and by extension, the Governor acting with Ministers. The preliminary objection regarding the form of the application was overruled, but the substantive issue of jurisdiction led to the dismissal of the application.