KASINATH SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned counsel for the parties. This Public Interest Litigation was filed in 1994 by one Kasinath Sahoo with a prayer to issue a direction upon the State Government to bring into effect the provisions of the Orissa Hindu Religious Endowments Act, 1969.

(2.) THE facts of the case are that Orissa Hindu Religious Endowments Act, 1969 has been enacted after it received the assent of the President of India on 22nd January, 1970 and the same was published in an Extraordinary issue of the Orissa Gazette on 4th February, 1970. Under Sub -section (3) of Section 1 of the said Act it has been provided that it shall come into force on such date as the State Government may, by notification, appoint in that behalf. This PIL has been filed with a prayer that though the said Act has been enacted and assented in 1970, the said Act has not been brought into effect by the State Government by notification in that behalf in terms of Sub -section (3) of Section 1 of the said Act.

(3.) SIMILAR question came up for consideration before the Hon'ble Supreme Court in the case of A.K. Roy v. Union of India and Anr. reported in : 1982CriLJ340 . In that case it was found that Section 3 of the Constitution (44th Amendment) Act, 1978 has not been brought into force by the Central Government. The question was whether the Court can issue a mandamus to the Central Government to bring into force any part of the Constitution Amendment. The majority opinion of the Court was delivered by Hon'ble Chief Justice Chandrachud. In paragraph 52 at page 732 of the report, the learned Chief Justice said as follows:.But we find ourselves unable to intervene in a matter of this nature by issuing a mandamus to the Central Government obligating it to bring the provisions of Section 3 into force. The Parliament having left to the unfettered judgment of the Central Government the question as regards the time for bringing the provisions of the 44th Amendment into force, it is not for the Court to compel the Government to do that which, according to the mandate of the Parliament, lies in its discretion to do when it considers it opportune to do it..