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Courts Shouldn’t Usurp Law-Making Power Entrusted To Legislature

The Supreme Court, in State Of Himachal Pradesh vs. Satpal Saini, has set aside certain directions to amend a tenancy law, issued by Himachal Pradesh High Court to the state, reiterating that the court in its judicial review cannot encroach upon the basic constitutional function which is entrusted to the legislature to determine whether a law should be enacted or amended.

The Himachal Pradesh High Court, while allowing a writ petition, had issued directed the state to amend the provisions of of the Himachal Pradesh Tenancy and Land Reforms Act, 1972, and the Rules. The state challenged these ‘directions’ before the apex court.

Article referred: http://www.livelaw.in/courts-shouldnt-usurp-law-making-power-entrusted-legislature-sc-read-order/

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