BAISIL ATTIPETTY Vs. UNION OF INDIA

JUDGEMENT

(1.) The Writ Petition is filed with the prayers as follows:

(2.) Irrespective of the correctness of the various allegations that the proposed Bill would violate the various provisions of the Constitution, in our view, the Writ Petition is required to be dismissed for two reasons. In substance, the prayers in the Writ Petition have the effect of prohibiting the Parliament from considering the Bill which we are afraid is beyond the jurisdiction of this Court and also an encroachment into the activity of the Legislature. The very submission made in the Writ Petition regarding the separation of powers for objecting to the provisions of the Bill would apply in all force to the situation. Secondly, the constitutional authority either of this Court or any other constitutional Court to examine the constitutionality of an enactment does not extend to issuing directions to the executive not to introduce a Bill. Such a direction, in our opinion, would scuttle the entire democratic process and the authority of the law maker to consider and make a law which it deems appropriate. The question whether such a decision would stand the test of constitutionality or not is a different question that requires to be examined at a different stage.