Skip to main content

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.
Labels:

Comments

Post a Comment

Popular posts from this blog

The Commercial Courts / Suits - Pleadings and Procedure

The Commercial Courts, Act, 2015 – A broad framework In order to ensure speedy disposal of disputes which arises from commercial transactions involving high value, the Parliament of India has come out with a unique legislation namely, The Commercial Courts, Act, 2015; wherein Commercial Courts / Divisions are to be constituted in the existing district Courts and in High Courts; and wherein disputes arising from specified commercial dealings involving claim of Rs.1.00 Crore or above would be adjudicated by these newly constituted commercial Courts / Divisions. By virtue of recent Amendments, the limit of Rs.1.00 crore has been reduced to Rs.3.00 Lakhs; and accordingly claims relating to commercial disputes involving Rs.3.00 Lakhs could now be maintainable under this special regime.  And accordingly, the Code of Civil Procedure, 1908, is substantially amended, wherein new Order XIII-A and XV-A are inserted, apart from new Order XI, Sections 35 for costs, Verification of Plea
Post a Comment
Read more

Leading Evidence during trial

1.       In case where the accused refused to plead guilty of the offence to which he is charged with, and claims to be tried, the Court calls upon the Prosecution / Complainant to lead all the evidences he has in support of his case. 2.       In criminal trial, the evidence are required to be led by the complainant and / or their witnesses by stepping into the witness box and illustrating / demonstrating to what they have witnessed. The Complainant is to examine before the Court, himself, and all other witnesses, who are “witness” to the crime, which is alleged to have been committed by the accused named in the complaint. This examination of himself and other prosecution witnesses is called “Examination – in – Chief. 3.       Giving evidence of facts is critical to any trial, be it civil trial or criminal trial. And therefore, it becomes imperative to understand the dynamics of evidence in legal sense. To put it simply, leading / giving evidence means, proving the exis
1 comment
Read more

Form II under Rule 6 of Rules, 2006, framed under the impugned Act

Impugned Provision / other anomaly Breach of Section / Article FORM II [See Rule 6(1)] Application to the Magistrate under Section 12 of the impugned Act Section 3 – Explanation II; Section 18, 19, 20, 22 and 23 of the impugned Act. Principles of natural justice. FORM II [See Rule 6(1)] Application to the Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005)     To The Court of Magistrate .................................... .................................... .................................... .................................... Application under section ........................ of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005)            SHOWETH: That the application under section.................of Protection of Women from Domestic Violence Act, 2005 is being filed along with a copy of Domestic Incident Report by the:
Post a Comment
Read more