Legal Question in Administrative Law in India

Can Indian judiciary initiate the law making process in India by means of its judgement? Say if supreme court in its verdict declare some law to exist to protect the fundamental right of citizens and its not unconstitutional then can it direct Indian legislative body to work on the public bill? supreme court is the final arbiter and interpreter of any law. Does this mean that no citizen can initiate law making process?

I have referenced judgements of supreme courts and found nothing related but obviously I am just trying to find out that was there no other judicial means left for Anna Hazare to enforce Indian Government to work on Lokpaal Bill other than this agitation?

Also When Lokpaal bill was first tabled and passed in 1969 in Lok sabha, why president did not call for joint session of parliament as Rajya sabha cant hold the bill for more than 14 days? Am I wrong here?

Please help me understand as I have full trust in Indian constitution and finding it hard to understand these processes.


Asked on 4/11/11, 6:10 am

1 Answer from Attorneys
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

executive ,judiciary,and legislature are 3 different sectors on running a democracy peacefully for that they have to be on one hand cooperating and on another not interfering in others forte.the law changes as per the need of the society what anna hajare did is not agitataion but representing the thought of several others though the means he took ws may be not suggestive

on the other hand supreme court only decides in the capacity of its power and within the framework of constitution and law. itself it can not direct the legislature to change the law it can just interpret it or we can say give opinion for change but this can not be considered as final order which has to be followed by legislature.

further supreme court has power to declare any law ultravires made by parliament but again this is done in the interpretation of law .

i hope i culd have helped you to understand this

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Answered on 5/07/11, 4:31 am


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