Courts cannot direct government to notify law passed by Parliament, says SC

“This is beyond the power of the courts,” said the Supreme Court of India Monday, adding that judicial bodies cannot direct the government to notify a law passed by Parliament.

Dismissing a PIL seeking implementation of certain provisions of the Insolvency and Bankruptcy Code, the apex court said: “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.”

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

The plea was header by a bench of CJI, Justice JB Pardiwala and Justice Manoj Misra.

The 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.

With inputs from PTI