Parliament Cannot be Directed to Enact a Law, says SC While Dismissing Plea To Enact Law To Provide Uniform Compensation To Victims Of Violence

The Supreme Court recently dismissed a lawyer’s plea to issue directions to Parliament for enacting a law providing a uniform scheme of compensation for persons who are affected by violence and other tragedies.

A bench comprising Justices D.Y. Chandrachud, Indu Malhotra and Indira Banerjee said in Plea to enact laws: “The law on the point is well-settled. No mandamus can be issued to Parliament as a legislating body to enact legislation. The prayers are hence misconceived. Moreover, whether any scheme should at all be framed by the executive is a matter of policy. We, therefore, decline to entertain the petition under Article 32 of the Constitution.“

“No mandamus can be issued to Parliament as a legislating body to enact legislation. “, said the bench in plea to enact laws.

B.S. Rajesh Agrajith, a lawyer, had approached the Apex Court by filing a Plea to enact law. He prayed for issuing direction to Centre to formulate, enact and implement a strong uniform scheme for awarding compensation for mis-happenings, deaths due to Terrorism or Maoist violence or mob lynching etc, rape victims etc.

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Prayer

The prayers sought were as follows:

c) Issue appropriate writ(s), order(s) or directions(s) to the Respondent / Central Government to formulate one nation and one compensation scheme for awarding service as compensation due to mis-happenings / deaths (Terrorism or Maoist violence or mob lynching etc) / injuries / martyrs / rape victims / stamped I govt. employee death on duty I riot victims / covid 19 warrior / custodial deaths / Bhopal gas leak or Vizag gas leak etc. for Indian Citizen.

d) Issue appropriate writ(s), order(s) or directions(s) to the Respondent / Central Government to formulate scheme for individuals who loss due to riots / Dharna / agitation or any type of incident in any form within time limit.

e) Issue appropriate writ(s), order(s) or directions(s) to the Respondent / Central Government to formulate scheme of fix the responsibility of the officer / association for loss / damage due to riots / dhama / agitation or any type of incident in any form within time limit.”