Mandamus cannot be issued to the Parliament to enact legislation: SC rejects plea to enact a law to give equal compensation to victims of Violence

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The Supreme Court observed that a contract is void if prohibited by a statute under a penalty, even without express declaration that the contract is void

The Supreme Court Monday rejected a plea seeking direction to Parliament to enact a law providing a uniform scheme to compensate people who are affected by violence and other tragedies.

A three-judge bench comprising Justices D Y Chandrachud, Indu Malhotra and Indira Banerjee dismissed the plea saying no mandamus can be issued to Parliament as a legislating body to enact legislation.

The law on the point is well-settled. 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,” the Bench said.

The Apex Court was hearing a PIL by Advocate B S Rajesh Agrajit seeking directions to the Central Government to formulate, enact and implement a strong uniform scheme for awarding compensation for mishappenings, deaths, and injuries to the impacted people.

Ria Nair
“Creative approach coupled with patience, makes understanding intricate issues simpler.” I am Ms. Ria Nair and my aim is to help you perceive a complex idea in a better way and seek your answer/s. I am currently pursuing my Bachelor’s in Business Administration and Law [B.B.A. LL. B (Hons.)] from Amity University, Mumbai. Understanding laws that govern human relations in all fields, gaining knowledge about aspects that govern the Universe and keeping an open mind are of primary importance to me as a law student and a human being. I hope to learn with every new opportunity and contribute to make others’ lives simpler.