Common Cause, A Registered Society vs Union Of India & Ors on 3 August, 1999
In any
view of the matter, we may only say, as observed by the
Supreme Court in the case of Common Cause (A Registered
Society) v. Union of India, reported in AIR 2008 SC 2116, that if
the Legislature or Executive are not functioning properly, it is
for the people to correct the defects by exercising their
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C/WPPIL/164/2011 ORDER
franchise properly in the next elections and voting for
candidates who will fulfill their expectations, or by other lawful
means, but the remedy is surely not by the judiciary in taking
over the functions of other organs. If, once the Courts take
upon themselves the task of issuing orders as to how the
administrative agencies should function, what is there to
prevent them for issuing direction as to how the State
Government or the Central Government should administer the
State and run the country.