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february 2017

Supreme Court of India · 2017-02-08

STATE OF HIMACHAL PRADESH AND OTHERS vs SATPAL SAINI

Citation / case number
SC 2017/1230
Court
Supreme Court of India
Petitioner
STATE OF HIMACHAL PRADESH AND OTHERS
Respondent
SATPAL SAINI

Judgment text excerpt

The Supreme Court held that the High Court's direction to amend Section 118 of the HP Tenancy and Land Reforms Act, 1972, infringes upon the legislative powers of the state, as the judiciary cannot compel the legislature to enact laws. The Court emphasized that the power to legislate is constitutionally vested in the Parliament and state legislatures under Articles 245 and 246 of the Constitution. The appeal was allowed to the extent that the direction to amend the legislation was set aside, while the order to attest the mutation in favor of the respondent remained unchallenged.

STATE OF HIMACHAL PRADESH AND OTHERS vs SATPAL SAINI · Niyam