AIR 2017 SUPREME COURT 810 ::2017 (11) SCC 42 ::(2017) 1 Sim LC 488 ::(2017) 2 Scale 292 ::AIR 2017 SC (Civil) 1324 ::2017 (2) KCCR SN 159 (SC) ::(2017) 1 RenCR 215 ::(2017) 1 RentLR 526 ::(2017) 172 AllIndCas 121 (SC)

Supreme Court Of India

(From : Himachal Pradesh)*

Hon'ble Judge(s): Abhay Manohar Sapre, D. Y. Chandrachud , JJ

Constitution of India , Art.226, Art.245, Art.246— Judicial review - Power to enact or amend law - Lies in exclusive domain of Legislature - Directions issued by High Court to amend tenancy law - Unsustainable. 2016 (4) Rec Civ R 580.1 (HP), Reversed. A direction, cannot be issued to legislature to enact a law. The power to enact legislation is a plenary constitutional power which is vested in Parliament and the State legislatures under Articles 245 and 246 of Constitution. The legislature as repository of sovereign legislative power is vested with authority to determine whether a law should be enacted. @page-SC811 The doctrine of separation of powers entrusts to court constitutional function of deciding upon validity of a law enacted by legislature, where a challenge is brought before High Court under Article 226 (or this Court under Article 32) on ground that law lacks in legislative competence or has been enacted in violation of a constitutional provision. But judicial review cannot encroach upon basic constitutional function which is entrusted to legislature to determine whether a law should be enacted. Whether a provision of law as enacted sub-serves object of law or should be amended is a matter of legislative policy. The court cannot direct legislature either to enact a law or to amend a law which it has en....