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Court can’t pass law or ask govt to frame it: SC

Last Updated: Saturday, January 14, 2012 - 18:40

New Delhi: The judiciary can neither make
laws nor can it direct the government and legislative body to
enact a legislation, the Supreme Court has said.

The apex court`s remarks came while dismissing a plea to
frame rules to stop misusing of national flags which was
allegedly witnessed in Anna Hazare and Baba Ramdev led

"It is crystal clear that the court has a very limited
role and in exercise of that, it is not open to have judicial
legislation. Neither the court can legislate nor it has any
competence to issue directions to the legislature to enact a
law in a particular manner," a bench of Justices B S Chauhan
and Swatanter Kumar said.

The bench also refused to entertain the plea seeking its
direction to yoga guru Ramdev to pay 10 crore rupees for
"misusing" the national flag for gaining undue mileage as a
similar plea is pending in the trial court.

"The petitioner-in-person has emphasised that he has
approached this court to issue directions to the Centre to
amend the law in this regard and in the alternative, this
court itself may issue appropriate directions in this regard.

"It is a settled legal proposition that the court can
neither legislate nor issue a direction to the legislature to
enact in a particular manner," the bench said.

The court passed the order on a petition filed by one V K
Naswa seeking its direction to pass an order against Ramdev
and frame rules to stop misusing of flag.

Holding that the right to fly national flag is a
fundamental right, the bench refused to frame rules saying it
comes in the domain of legislative and executive bodies.

"Court cannot direct the legislature to enact a
particular law for the reason that under the constitutional
scheme Parliament exercises sovereign power to enact law and
no outside power or authority can issue a particular piece of
legislation," the bench said while referring to its earlier


First Published: Saturday, January 14, 2012 - 18:40
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