STATEMENT OF OBJECTS AND REASONS


"The Bill seeks to separate the judiciary from the executive in the matter of administration of criminal law in the Union territories except Chandigarh where the Punjab Separation of Judicial and Executive Functions Act, 1964, is already in force, and has been brought forward in compliance with the directive principles of state policy embodied in article 50 of the Constitution. The object is sought to be achieved by amendment of the Code of Criminal Procedure. 1898, (vide clause 3 and the Schedule) by providing for the classification of the magistracy into judicial and Executive Magistrates and for the appointment of members of the judiciary as Judicial

Magistrates with the approval of the High Court. The Bill seeks to make changes in the various provisions of the Code with a view to giving effect to this classification and contains the necessary transitional and saving provisions. The Bill also sets out the respective cases other than those specifically covered by the proposed amendments to the Code, in which functions shall be exercisable under any law by Judicial and Executive

Magistrates. Provision has been made in the Bill of the repeal of certain laws in force in areas transferred to Himachal Pradesh from Punjab so as to facilitate the enforcement of the Scheme of the Bill in such areas. Power has also been taken for the removal of difficulties, if any, in giving effect to the provisions of the Bill after it becomes an Act. Under Section 21 of the Government of the Union Territories Act, 1963, the Legislative Assembly of a Union territory cannot amend any law enacted by Parliament after the commencement of that Act though the subject-matter of the law may be within the legislative competence of the Assembly. Clause 9 of the Bill seeks to confer on the Legislative Assembly of a Union territory the power to amend this law in its application to the Union territory if it is considered necessary to do so."-Gaz. of Ind., 26-4-1968 Part II, S. 2, Ext., p. 468.



An Act to provide for the separation of judicial and executive functions in Union Territories. BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows :-

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