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Pravasi Bhalai Sangathan vs U.O.I. & Ors on 12 March, 2014

The supreme Court in Pravasi Bhalai Sangathan Vs. Union of India, AIR 2014 SC 1591: 2014 AIR SCW 1713: (2014) 3 SCALE 552 observed that the Court has persistently held that our Constitution clearly provides for separation of powers and the court merely applies the law that it gets from the legislature. Consequently, the Anglo-Saxon legal tradition has insisted that the Judges should only reflect the law regardless of the anticipated consequences, considerations of fairness or public policy and the judge is simply not authorised to legislate law. " If there is a law, judges can certainly enforce it, but Judges cannot create a law and seek to enforce it" The court cannot re-write, re-cast or re-frame the legislation for the very good reason that it has no power to legislate. The very power to legislate has not been conferred on the courts.
Supreme Court of India Cites 52 - Cited by 41 - B S Chauhan - Full Document
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