W.P(MD)No.16274 of 2020 N.KIRUBAKARAN,J. AND B.PUGALENDHI,J. ORDER (Order of the Court was made by N.KIRUBAKARAN,J.) “There cannot be any Mandamus to Parliament or Legislature to enact a law or to make amendment of a statute”, is the settled position of law. It is based on the principle enunciated in the Constitution that there should be a separation of powers between the three wings of the State, namely, Executive, Legislature and Judiciary. However, the response shown by the other Wings to the suggestions made by judiciary regarding the important issues for enactment of suitable laws pointing out the absence of law as on date or the necessity to make new laws or to amend the existing Acts, is not positive and the suggestions made by the constitutional Courts are not considered by the

W.P(MD)No.16274 of 2020
N.KIRUBAKARAN,J.
AND
B.PUGALENDHI,J.
ORDER
(Order of the Court was made by N.KIRUBAKARAN,J.)
“There cannot be any Mandamus to Parliament or Legislature to enact a
law or to make amendment of a statute”,
is the settled position of law. It is based on the principle enunciated in the
Constitution that there should be a separation of powers between the three wings of
the State, namely, Executive, Legislature and Judiciary. However, the response shown
by the other Wings to the suggestions made by judiciary regarding the important
issues for enactment of suitable laws pointing out the absence of law as on date or the
necessity to make new laws or to amend the existing Acts, is not positive and the
suggestions made by the constitutional Courts are not considered by the legislatures
very seriously and acted upon.
2. The history would tell that the suggestions given by the Honourable
Supreme Court and various High Courts have been consistently ignored by the
respective Governments. It seems that the orders giving suggestions to the respective
Governments, either are not properly considered or not properly brought to the notice
of the policy makers, so that, the decision could be taken for enactment of law as
pointed out by the Courts. It seems that there is no proper Wing in every Department
of the Government to note the suggestions/directions given by the Courts and bring
them to the notice of the policy makers. Therefore, there is a necessity to have such a
Wing in every Department.