AIR 1992 SUPREME COURT 1546 ::1992 AIR SCW 1711 ::1992 LAB. I. C. 1692 ::1992 (1) CurLR 291 ::(1992) 64 FacLR 724 ::1992 SCC (L&S) 427 ::(1992) 1 LabLJ 891 ::(1992) 2 Lab LN 23 ::1992 (3) ServLR 3 ::1992 (1) SCC(Supp) 548 ::(1992) 1 JT 59 (SC)

Supreme Court Of India

(From : Jammu and Kashmir)*

Hon'ble Judge(s): Lalit Mohan Sharma, J. S. Verma, S. C. Agrawal , JJJ

(A) Constitution of India , Art.226, Art.245— Constitution of Jammu and Kashmir (14 of 1956 Smvt.) , S.110, S.103— Rule framing - Direction by Mandamus - High Court proposing amendments to rules framed for appointments to subordinate judiciary - Direction to Govt. to incorporate them by Mandamus - Impermissible. L.P.A. (SWP) No. 25 of 1991, D/-22-2-1991 (J and K), Reversed. A writ of mandamus cannot be issued to the legislature to enact a particular legislation. Same is true as regards the executive when it exercises the power to make rules, which are in the nature of subordinate legislation. S.110 of the J and K Constitution, which is on the same lines as Art. 234 of the Constitution of India vests in the Governor the power to make rules for appointment of persons other than the District Judges to the Judicial Service of the State of J and K and for framing of such rules, the Governor is required to consult the Commission and the High Court. This power to frame rules is legislative in nature. A writ of mandamus cannot, therefore, be issued directing the State Government to make the rules in accordance with the proposal made by the High Court. (B) Constitution of Jammu and Kashmir (14 of 1956 Smvt.) , S.110, S.109, S.103— Subordinate judiciary - Rules for purpose of appointment - Fr....