Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India - Art. 226 - Power of judicial review - |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India - Art. 226 - Power of judicial review - Issuance of mandamus by High Court for amending the legislation - State Government to make suitable amendments to s.118 of the HP Tenancy and Land Reforms Act, 1972 read with HP Tenancy and Land Reforms Rules, 1975 to facilitate purchase of any land (agricultural and non-agricultural) in the State of Himachal Pradesh by the non-agriculturist Himachalis residing in the State for decades together prior to the date of commencement of the 1972 Act, within a period of ninety days - Sustainability of - Held: Law enacting body is entrusted with the power to enact such legislation as it considers necessary to deal with the problems faced by society and to resolve issues of concern - Courts do not sit in judgment over legislative expediency or upon legislative policy - Judiciary is assigned with the function of ensuring that executive actions accord with the law and that laws and executive decisions accord with the Constitution - Court does not have the power or function to direct the executive to adopt a particular policy or the legislature to convert it into enacted law - High Court transgressed the limitations imposed upon the power of judicial review u/Art. 226 by issuing the directions to State legislature to amend the law - Directions issued by High Court for amending the provisions of the 1972 Act and the Rules were unsustainable and set aside - HP Tenancy and Land Reforms Act, 1972 - HP Tenancy and Land Reforms Rules, 1975 - Legislation. |
Judge | N/A |
Neutral Citation | 2017 INSC 1260 |
Petitioner | Sate Of Himachal Pradesh And Others |
Respondent | Satpal Saini |
SCR | [2017] 1 S.C.R. 658 |
Judgement Date | 2017-02-08 |
Case Number | 1654 |
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