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.