Supreme Court: Court Cannot Direct Parliament to Enact Law

Yesterday in the Supreme Court, a bench of Hon’ble Justice D.Y Chandrachud, Hon’ble Justice Indu Malhotra and Hon’ble Justice Indira Banerjee considered a Petition seeking direction to the Parliament for framing laws on some issues

The Court refused to entertain the Petition on the ground that the Court can not direct the legislature to enact a particular law.

Recently, a person named B.S Rajesh Agrajit filed a petition under Article 32 of the Constitution of India. In his petition which was filed in the Supreme Court, he sought several reliefs. 

Let’s take a quick look at all the relief sought by the petitioner:-

  • He wanted the government to formulate a robust uniform scheme for awarding compensation in cases of lynching, custodial deaths, rape victims, death of government employee on duty, death of doctors on Covid-19 duty etc.
  • Petitioner also requested the government to enact and implement robust policies and laws to award sports players who bring laurels to our country in various sports events like the Olympic and Asian Games.
  • He also wanted a standardised scheme where people who have died due to various reasons like Maoist attacks, mob lynching, custodial death, death due to industrial accidents(Bhopal gas leak), rape victims etc. should be awarded service as compensation.
  • It was further prayed that a standardised redressal scheme or law for people who have suffered a loss due to various riots, agitations or dharnas across the country.
  • Petitioner also requested that the government should fix responsibility of officers or associations for loss or damage due to riots, dharnas or agitations.

The decision of the Court

The Court held that, as per settled law, a writ of mandamus could not be issued to the Parliament, instructing them to enact legislation.

The Court also observed that if the executive wants to frame a scheme, then it’s a matter of their policy and the Court cannot interfere.

Accordingly, the petition was dismissed.

Case Details

Title: B.S. RAJESH AGRAJIT VERSUS UNION OF INDIA 

Case No. WPC No. 1091/2020

Date of Order: 05.10.2020

Coram: Hon’ble Justice D.Y Chandrachud, Hon’ble Justice Indu Malhotra and Hon’ble Justice Indira Banerjee

Advocates: Mr Shyamal Kumar for the petitioner.

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