The courts cannot
direct the government to notify a law passed by Parliament, the Supreme Court
said on Monday while dismissing a PIL seeking implementation of certain
provisions of the Insolvency and Bankruptcy Code.
"It is up to
the government to notify a law passed by Parliament. This is beyond the power
of the courts. Sorry, this is in the domain of policy. We cannot direct
this," a bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and
Justice Manoj Misra said.
"We cannot
issue a writ of mandamus to the government that they shall notify the
law," the Chief Justice said and referred to his judgment to this effect.
The top court was
hearing a PIL filed by one Seema B Qayyum, seeking directions to the Centre to
notify one part of the Insolvency and Bankruptcy Code.