The Delhi High Court on Wednesday dismissed a public interest litigation (PIL) that sought a direction to Parliament to abolish several provisions of the Bharatiya Nyay Sanhita (BNS) dealing with offences against the State and public tranquillity, ruling that the judiciary has no jurisdiction to compel the legislature to enact or repeal laws.
A division bench comprising Chief Justice D.K. Upadhyaya and Justice Anish Dayal said that granting such relief would amount to legislating from the bench—something outside the court’s constitutional domain.
“Abolition is only permissible by enacting an amendment act. It is an act of Parliament. We cannot direct the Parliament to do so. It will amount to legislating. It is not under our realm,” the court observed.
The PIL, filed by Upendra Nath Dalai, had argued that the provisions in question—relating to offences against the State (Sections 147–158) and public tranquillity (Sections 189–197) of the BNS—enable the government to suppress dissent and violate citizens’ fundamental rights to equality, life, and liberty. Dalai described these sections as tools for “opposition-free governance” and alleged that they were incompatible with the basic structure of the Constitution.
However, the court found the plea to be untenable. “If we peruse the prayers, what we find is that the petitioner is asking to give direction to the Parliament to legislate an amending act. The prayers made in this PIL cannot be granted by the court by exercising its jurisdiction. Accordingly, the writ petition is dismissed,” the bench held.
The bench had previously expressed concern over similar petitions filed by Dalai, criticising the tone and nature of his arguments. In May, the court had admonished him for calling the BNS a “criminal act,” stating, “There has to be some limit of frivolity.”
The Bharatiya Nyay Sanhita, which replaced the colonial-era Indian Penal Code, came into force on July 1, 2024. Sections 147 to 158 deal with serious offences such as waging war against the State, abetting secessionist activities, and acts endangering sovereignty, while Sections 189 to 197 criminalise unlawful assembly, rioting, and other threats to public peace.
The judgment underscores the constitutional separation of powers and reaffirms that law-making lies solely within the domain of Parliament, not the judiciary.
