LAWS(ALL)-2016-3-107

ASOK PANDE Vs. UNION OF INDIA AND ORS.

Decided On March 10, 2016
ASOK PANDE Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) This petition has been presented as a Public Interest Litigation by a member of the legal profession who is a practicing Advocate of this Court for an extraordinary direction under the extraordinary jurisdiction of Article 226 of the Constitution of India through a writ of Mandamus to the respondents-Union of India and the Allahabad High Court, not to hold the forthcoming sesquicentennial celebrations, primarily on the ground that the calculation of 150 years is founded on an erroneous assumption and even otherwise, it amounts to celebrating the subservient legacy of the British Rule.

(2.) The second relief prayed for is that the Government of India should be directed to change the years of passing of different laws legislated by the British Parliament keeping in view their adaptation under the Indian Constitution in the post-independent era.

(3.) The submissions raised bring within its fold the historical evolution of the High Court of Judicature at Allahabad and its present status under the Constitution. This aspect has to be understood in the light of Article 372 of the Constitution of India with reference to the jurisdiction of High Courts under Article 225 of the Constitution of India.