Section 19 of Bombay Separation of Judicial and Executivefunctions Act, 1951 — Insertion of section 38A

After section 38, the following section shall be inserted, namely :- “38A. Whenever under any provisions of this Code or of any law for the time being in force relating to any of the matters specified in Lists II and III of the Seventh Schedule to the Constitution any judicial powers are to be conferred on a Sessions Judge, an Additional or Assistant Sessions Judge or a Judicial Magistrate or any such Magistrate is to be specially empowered to exercise such powers, the orders conferring such powers or empowering the exercise of such powers shall be made by the State Government in consultation with the High Court notwithstanding that such provision may not expressly provide for such consultation. Explanation.-For the purposes of this section, the questions whether any powers are judicial shall be decided by the State Government in consultation with the High Court and such decision shall be final”.