Case Law Details
Dr. Jaya Thakur Vs Union of India & Ors (Supreme Court of India)
Conclusion: In present facts of the case, the Hon’ble Supreme Court observed that the statute enacted by Parliament or a State Legislature cannot be declared unconstitutional lightly. Further, it was held that that nullification of mandamus by an enactment would be impermissible legislative exercise.
Facts: In present facts of the case, the Writ Petition was filed under Article 32 and challenged the validity of Central Vigilance Commission (Amendment) Act, 2021, the Delhi Special Police Establishment (Amendment) Act, 2021 and the Fundamental (Amendment) Rules, 2021. On 14th November 2021, since Parliament was not in session, the President of India promulgated the Central Vigilance Commission (Amendment) Ordinance, 2021, thereby inserting two new provisos to Section 25(d) of the CVC Act. Simultaneously, the President of India also promulgated the Delhi Special Police Establishment (Amendment) Ordinance 2021, thereby inserting two new provisos to Section 4B(1) of the Delhi Special Police Establishment Act, 1946 (hereinafter referred to as “the DSPE Act”). Challenging the vires of the Amendment Ordinances and/or the Fundamental (Amendment) Rules, 2021 and/or the said Office Order dated 17th November 2021, Writ Petitions came to be filed before this Court. On 18th December 2021, Parliament enacted the Central Vigilance Commission (Amendment) Act, 2021 and the Delhi Special Police Establishment (Amendment) Act, 2021. In some of the petitions, a challenge has also been made to the amendment to the DSPE Act insofar it provides for extension of the tenure of the Director of Central Bureau of Investigation.
After hearing both the sides, the following two questions were framed for consideration:
(i) As to whether the amendment to Section 25 of the CVC Act by the Central Vigilance Commission (Amendment) Act, 2021 and to sub-section (1) of Section 4B of the DSPE Act by the Delhi Special Police Establishment (Amendment) Act, 2021 and the amendment in clause (d) of Rule 56 of the Fundamental Rules, 1922 by the Fundamental (Amendment) Rules, 2021 are liable to be held ultra vires and set aside?
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
