t is not within the power of a writ court to direct the Government to introduce a particular bill in the legislature and that it can only recommend amendments or point out the necessity to bring about a new law:
The Court may, at the highest, record its opinion or recommendation on the necessity of either amending the existing law or coming out with a new law”
Additional Solicitor General, Aishwarya Bhati, argued that the High Court has effectively directed the legislature to legislate in a particular manner and that it cannot be compelled to do so by a writ court. The Central Government cannot be compelled to take a decision on whether the Law Commission should have the status of a constitutional body o...
As regards the first direction to the Union to consider introducing a Bill on Liability in Tort within a stipulated time period, the Apex Court held that such a direction is unwarranted as a writ court cannot direct the Government to introduce a particular bill. The Court also expressed its reservation regarding whether the law on torts needs to be...
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