Delhi HC dismissed a PIL seeking repeal of BNS provisions, stating courts can’t force Parliament to change laws. Bench said, “It will amount to legislating. It is not under our realm.”
New Delhi: Today, on July 9, the Delhi High Court dismissed a Public Interest Litigation (PIL) that sought the removal of certain sections from the newly introduced Bhartiya Nyay Sanhita (BNS). The court made it clear that it does not have the authority to ask the Parliament to change or repeal laws.
The case was heard by a division bench comprising Chief Justice D K Upadhyaya and Justice Anish Dayal. While dismissing the PIL, the court clearly stated that the power to abolish or repeal laws lies only with the Parliament, and not with the judiciary.
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The court observed,
“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 PIL was filed by a person named Upendranath Dalai. In his petition, he raised concerns over the continuation of certain sections of the Bhartiya Nyay Sanhita, particularly Sections 147 to 158 and Sections 189 to 197.
According to the petition, these sections are linked to colonial-era laws that were originally used by the British to control Indians.
Sections 147 to 158 deal with offences “against the state”, while Sections 189 to 197 are related to offences concerning “public tranquility.”
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The petitioner argued that such laws, even after Independence, are being used by the authorities in ways that harm the basic rights of Indian citizens.
The PIL further claimed that laws like Section 189 of the BNS, which deals with unlawful assembly, are still being misused by governments with the help of the police.
These laws, according to the petitioner, contradict the spirit of the Indian Constitution, which promises fundamental rights to all citizens.
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Despite these arguments, the court stood firm on its position that the judiciary cannot interfere with the legislative powers of Parliament. It stressed that if such laws are to be changed or removed, it must happen through the proper legislative process.
As the court said, “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.”
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