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TMI Blog2017 (2) TMI 1548X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1972 within a period of ninety days. These directions were issued by the Division Bench while allowing a writ petition which challenged an order dated 23 April 2014 of the revenue authorities. The judgment of the High Court by which it set aside the order dated 23 April 2014, and directed the state to attest the mutation by treating the respondent as an agriculturist is not called into question to that extent. The lis between the respondent and the state has come to a conclusion with the following direction of the High Court :- "Accordingly, impugned annexure P-9 dated 23.4.2014 is quashed and set aside. Respondents are directed to attest the mutation within a period of eight weeks from today by treating the petitioner to be an agri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Himachalis". The High Court indicated the rationale underlying its direction in the following extract which is taken from the judgment impugned :- "There is perpetual litigation under Section 118 of the HP Tenancy and Land Reforms Act, 1972. A large population of non-agriculturist Himachalis has been deprived of their right to purchase property in the State without the permission of the State Government though they are residing in the State of Himachal Pradesh for decades together. There is a sense of alienation amongst the non-agriculturist Himachalis. They are integral part of the State of Himachal Pradesh and have a sense of belonging to the State". 5 The State Government is aggrieved by the mandamus which has been issued by the Hig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he legislature either to enact a law or to amend a law which it has enacted for the simple reason that this constitutional function lies in the exclusive domain of the legislature. For the Court to mandate an amendment of a law - as did the Himachal Pradesh High Court - is a plain usurpation of a power entrusted to another arm of the state. There can be no manner of doubt that the High Court has transgressed the limitations imposed upon the power of judicial review under Article 226 by issuing the above directions to the state legislature to amend the law. The government owes a collective responsibility to the state legislature. The state legislature is comprised of elected representatives. The law enacting body is entrusted with the power ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not possible for this Court to give any direction for amending the Act or the statutory rules. It is for the parliament to amend the Act and the Rules." Similarly, in Supreme Court Employees' Welfare Association v. Union of India [(1989) 4 SCC 187], this Court held that a court cannot direct the legislature to enact a particular law. This is because under the constitutional scheme, Parliament exercises a sovereign power to enact law and no other authority can issue directions to frame a particular piece of legislation. This principle was reiterated in State of Jammu & Kashmir v. A.R. Zakki & Ors.[AIR 1992 SC 1546], where this Court observed that : "...A writ of mandamus cannot be issued to the legislature to enact a particular legislat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the Constitution Bench has conclusively enunciated the legal position thus: "127. The law having been laid down by a larger Bench than in Gainda Ram it is quite clear that the decision, whether or not Section 8 of the Representation of the People Act, 1951 is to be amended, rests solely with Parliament." Having regard to the settled position, the impugned directions are unsustainable. 9 The judiciary is one amongst three branches of the State; the other two being the executive and the legislature. Each of the three branches is co-equal. Each has specified and enumerated constitutional powers. The judiciary is assigned with the function of ensuring that executive actions accord with the law and that laws and executive decisions accord w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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