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april 1985

Supreme Court of India · 1985-04-11

STATE OF HIMACHAL PRADESH vs A PARENT OF A STUDENT OF MEDICAL COLLEGE. SIMLA & ORS

Citation / case number
SC 1985/67014
Court
Supreme Court of India
Petitioner
STATE OF HIMACHAL PRADESH
Respondent
A PARENT OF A STUDENT OF MEDICAL COLLEGE. SIMLA & ORS
Author
P.N. BHAGWATI
Bench
P.N. BHAGWATI

Judgment text excerpt

The Supreme Court held that the High Court's direction to the State Government to initiate legislation against ragging was erroneous, as it amounted to an indirect compulsion on the executive to legislate, which is not within the judicial purview. The Court emphasized that the decision to legislate is solely the responsibility of the executive branch. The appeal by the State Government was allowed, and the High Court's directive was set aside, reaffirming the separation of powers as enshrined in the Constitution under Articles 32 and 226.

STATE OF HIMACHAL PRADESH vs A PARENT OF A STUDENT OF MEDICAL COLLEGE. SIMLA & ORS · Niyam