This statement came as the court dismissed a Public Interest Litigation (PIL) that sought the implementation of certain provisions of the Insolvency and Bankruptcy Code. The PIL in question, filed by Seema B Qayyum, sought directions to the Centre to notify a part of the Insolvency and Bankruptcy Code.
The Supreme Court of India, in a recent ruling, has made it clear that the judiciary cannot compel the government to notify a law that has been passed by Parliament. This statement came as the court dismissed a Public Interest Litigation (PIL) that sought the implementation of certain provisions of the Insolvency and Bankruptcy Code.
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The bench, led by Chief Justice DY Chandrachud, along with Justice JB Pardiwala and Justice Manoj Misra, emphasized the separation of powers between the government and the judiciary.
“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 Chief Justice remarked.
Further reinforcing this stance, Chief Justice Chandrachud stated,
“We cannot issue a writ of mandamus to the government that they shall notify the law.”
He referred to his judgment to underscore this point. The PIL in question, filed by Seema B Qayyum, sought directions to the Centre to notify a part of the Insolvency and Bankruptcy Code.
This ruling is significant as it delineates the boundaries of judicial intervention in matters of government policy and legislative action. The Supreme Court’s decision underlines the principle that while the judiciary can interpret and enforce the law, it cannot overstep its bounds to dictate the government’s policy decisions, especially in matters concerning the notification of laws passed by the Parliament.
This decision reaffirms the balance of power between the different branches of government and highlights the judiciary’s role in maintaining the sanctity of this separation. The ruling serves as a reminder of the distinct functions and responsibilities of the legislative and judicial branches within India’s democratic framework.
