Courts cannot mandate Govt. notification of Parliament-passed laws, rules SC

Courts cannot mandate Govt. notification of Parliament-passed laws, rules SC

In a recent ruling, the Supreme Court of India emphasized the boundaries of its authority in directing the government to notify laws passed by Parliament. The court dismissed a Public Interest Litigation (PIL) filed by Seema B Qayyum, who sought directions to the Centre for the implementation of specific provisions of the Insolvency and Bankruptcy Code.

The bench, consisting of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, maintained that it is within the prerogative of the government to notify a law once it has been passed by Parliament. The justices underscored that such matters fall within the realm of policy, beyond the purview of the court's power.

During the proceedings, Chief Justice Chandrachud stated, "It is up to the government to notify a law passed by Parliament. This is beyond the power of the courts. Sorry, this is in the domain of policy. We cannot direct this." The court further clarified that issuing a writ of mandamus to compel the government to notify a law was not within its jurisdiction.

The PIL, brought forward by Seema B Qayyum, aimed to compel the Centre to notify a specific section of the Insolvency and Bankruptcy Code. However, the Supreme Court's decision highlighted the separation of powers between the judiciary and the executive, asserting that the judiciary cannot overstep into the domain of policy decisions.

 

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