SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Mad) 3162

N.KIRUBAKARAN, B.PUGALENDHI
K. Pushpavanam (M 24/2020), S/o. I. Kasi Viswanathan – Appellant
Versus
Union of India, Represented by the Principal Secretary, Ministry of Law and Justice, Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.R.Alagumani
For the Respondents: Ms.Victoria Gowri Assistant Solicitor General, Mr.M.Muthugeethaiyan Special Government Pleader

ORDER :

(Order of the court was made by MR.N.KIRUBAKARAN.J.,)

PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to propose a comprehensive legislation in the field of “Torts and State Liability” as per the directions of Hon'ble Supreme Court of India in “MCD V. Uphaar Tragedy Victims Assn (2011) 14 SCC 481” and “Vadodara Municipal Corporation V. Purshotam V. Murjani and others (2014) 16 SCC 14” in accordance with law within the time stipulated by this Court.

    “What is the use of constitutional Courts in passing judgments, giving recommendations for enacting laws, when they are not actually acted upon by legislature?”

“What is the use of having a Law Commission without its recommendation being acted upon?”

“BLACKSTONIAN” principle is being followed in our country by which the role of judiciary is to propound and interpret the law and not to legislate the law. Though the separation of powers between judiciary, executive and legislature has not been specifically spelt out in constitution of India, the same is maintained without crossing their respective boundaries. However, the way in which things are mo

                          Click Here to Read the rest of this document
                          1
                          2
                          3
                          4
                          5
                          6
                          7
                          8
                          9
                          10
                          11
                          SupremeToday Portrait Ad
                          supreme today icon
                          logo-black

                          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                          Please visit our Training & Support
                          Center or Contact Us for assistance

                          qr

                          Scan Me!

                          India’s Legal research and Law Firm App, Download now!

                          For Daily Legal Updates, Join us on :

                          whatsapp-icon telegram-icon
                          whatsapp-icon Back to top