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Showing contexts for: 44th amendment in Jamshed N.Guzdar vs State Of Maharashtra & Ors on 11 January, 2005Matching Fragments
79. Dealing with the contention that a writ could not be issued to the Government to bring or not to bring the law into force, relying on the decision in A.K. Roy vs. Union of India , the High Court noticed the facts in that case. That was a case in which one of the questions considered with regard to Central Government issuing a notification for bringing the provisions of Section 3 of the Constitution (44th Amendment) Act, 1978 into force. This Court on the facts of that case observed, "The Parliament having left to the unfettered judgment of the Central Government the question as regards the time for bringing the provisions of the 44th Amendment into force, it is not for the Court to compel the Government to do that which according to the mandate of the Parliament lies in its discretion to do when it considers it opportune to do it". There, the writ of mandamus was sought to the Central Government to issue a notification to bring into force the provisions of Section 3 of the 44th Amendment Act. In the case on hand the position is entirely different. Here is a case pursuant to statutory provisions the State Government has acted and issued the Notification dated 20th August, 1991 for implementation of the provisions of the 1987 Act.