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Govts Obliged to immediately notify laws Passed by Parliament and State Legslatures


Time ans again it is seen that Govts both Central and State do not notify in the Gazzet of laws passed by Paliament and State Legislatures on one ground or the other. Examples are many-

1) Senior Citizens Act passed by Parliament yet to be notified in many States;

2) CrPC amendment Bill wherein, among other amendments, the assumed sweeping powers of arrests by Police has been taken away. This is not notified.

3) There is one Food Quality Bill not notified.


It is illegal on the premise that-

(1) In India, the Constitutional framework, the contemporary democratic set up and the functional relationship between (the State organs comprising the Legislature i.e. The MPs & MLAs, The Executives i.e. Govt which acts as an Agent between the People and its Representatives, and the Judiciary, the watch dog of the Rights of the People) is such that the People choose their Representatives and authorize them to make laws and govern them thru Govt.


The Representatives in turn make laws for the welfare of the people and appoint agent in the name of Govt to implement the laws made by them. The role of the Judiciary is to ensure that the laws made by the Legislatures are implemented by the Govt in letter and spirit.


Laws are not passed merely for being passed but for being implemented. The mere fact that an objective has been embodied in the Constitution or a law itself indicates that the Constituent Assembly and the relevant legislature wanted it to be achieved.




(2) All Statutes or Laws so made and passed by Legislatures is to remedy the ill that has plagued the society.

All Statutes comes into being with some policy and objective to be achieved.

Every statutory provision in a Statute comes into being after due deliberation and every letter of the law is employed with great caution and care and with some purpose.




(3) The head of the Execuitves, The President of India exercises no discretion when laws passed by Parliament comes to it for assent, though President can only refuse to sign for once.



(4) If this is accepted than we are on the plane where wishes of the People which is reflected in laws passed by Parliament can be so easily frustrated by mere fascination of the Govt.


The whole idea of inducting Govts is to administer the laws passed by Legislatures and it is no short of a miracle in a democracy wherein the Public Servants ie. The Govt is empowered to trip the laws passed by Parliament as they desire.


The Parliament cannot release its inherent powers vested in it by virtue of being a democratic institution.



(5) The Petitioners recall the repeated affirmations by the Courts (e.g. in K.R. Shenoy vs Udipi Municipality, op cit, or Ratlam Municipality vs Vardichand and others, op cit.) that it is the duty of Courts to ensure that public bodies and public officials perform their statutory duties and that citizens have a right to move the Courts to ensure compliance by officials.


"The nature of the judicial process is not purely adjudicatory nor is it functionally that of an umpire only. Affirmative action to make the remedy effective is of the essence of the right which otherwise becomes sterile. ...


The Courts thus have a direct interest in ensuring that the objectives are realized and citizens have the right as well as duty to approach the Courts to ensure that everything necessary is done to see that the objectives so embodied are achieved.


Where Govts who have been charged in the first instance with the responsibility to implement the laws fail to do so, citizens have the right and duty to approach the Courts to ensure implementation.


Legal issues !!
If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others.
or
If you are looking for draft of any legal proceeding; or if you want to know the nature and attribute of any legal proceeding; or if you want to know the procedure followed in any legal proceeding; or if you want to know the grounds on which any order of the court / tribunal is challenged; or if you are facing any frivolous litigation.

Sandeep Jalan

Advocate

Law Referencer: https://www.litigationplatform.com/


Thank you.
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