R.R.K.TRIVEDI, M.KATJU
BAR COUNCIL OF UTTAR PRADESH – Appellant
Versus
UNION OF INDIA – Respondent
( 1 ) THIS petition has been filed for a direction in the nature of mandamus to the respondent to issue at the earliest a notification contemplated by Sub-section (3) of Section 1 of the Advocates act, 1961 for bringing into force the provisions of Section 30 of the said Act.
( 2 ) BEFORE the Apex Court a similar mandamus was claimed in the case of Aeltemesh Rein v. Union of India and Ors. , AIR 1988 SC 1768 The Honble Supreme Court issued a writ in the nature of mandamus to the Central Government to consider within a period of six months whether Section 30 of the Act should be brought into force or not. It would be appropriate to reproduce paragraph 6 of the judgment which reads as under:
"the effect of the above observations of the Constitution Bench is that it is not open to this Court to issue a writ in the nature of mandamus to the Central Government to bring a statute or a statutory provision into force when according to the said statute the date on which it should be brought into force is left to the discretion of the Central Government. As long as the majority view expressed in the above decision holds field it is not open to this Court to
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