Courts Cannot Direct Govt to Notify Law Passed by Parliament, Says SC

The courts cannot direct the government to notify a law passed by Parliament, the Supreme Court said on Monday while dismissing a PIL seeking implementation of certain provisions of the Insolvency and Bankruptcy Code.

“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,” a bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra said.

“We cannot issue a writ of mandamus to the government that they shall notify the law,” the Chief Justice said and referred to his judgment to this effect.

The top court was hearing a PIL filed by one Seema B Qayyum, seeking directions to the Centre to notify one part of the Insolvency and Bankruptcy Code.

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