INDRA KUMAR Vs. STATE

JUDGEMENT

(1.) This writ petition raises question as to whether this Court in exercise of its power conferred upon it under Art.226 of the Constitution of India can decide the validity of a bill, which is yet to become an Act.

(2.) In this writ petition the petitioner has prayed for a declaration that the Government of Bihar had no authority to introduce the Criminal Procedure (Bihar Amendment) Bill, 1982 in Bihar Legislature and the Bihar legislature in turn had no authority to pass the aforesaid bill, which is void ab initio, unconstitutional and ultra vires.

(3.) The petitioner is a member of the Bihar Legislative Council. It is asserted that the 'bill' known as the Criminal Procedure (Bihar Amendment) Bill, 1982 was introduced in the Bihar Legislative Assembly on 27-7-1982, which was passed on the same day and transmitted to the Bihar Legislative Council. The said bill was also passed by the Bihar Legislative Council on 30th July, 1982. According to the petitioner, in terms of Art.37 of the Constitution of India an embargo has been put upon the State Legislature in making any law contrary to the provisions contained in Part IV of the Constitution. It has been asserted that under Art.51A of the Constitution mandatory duties has been assigned to cherish and follow the noble ideals which inspired our national struggle for freedom. According to the petitioner separation of judiciary from the executive was also one of the noble ideals of the national struggle, which is envisaged under Art.50 of the Constitution. According to the petitioner, although the Parliament separated the judiciary completely from the executive by enacting Code of Criminal Procedure, 1973 (Act 2 of 1974), but contrary thereto the amendment bill is being passed According to the petitioner in terms of the amendment bill, power is sought to be transferred from the judiciary in favour of the executive and as such the same is beyond the legislative competence of the State Legislature.