Can't direct Parliament on uniform laws for trusts & trustees: SC
text_fields
New Delhi: The Supreme Court has refused to admit a petition that sought a direction for a uniform law for trust and trustees, charities and charitable institutions, and religious endowments and institutions, IANS reported.
The SC bench headed by Justice D.Y. Chandrachud said, "it is a well-settled principle that no court issues a mandamus to the Parliament to pass a law".
The bench, also comprising Justice Surya Kant, told petitioner Advocate Ashwini Kumar Upadhyay that the matter is within the domain of the Parliament and the court could not pass any direction. The prayer itself is an interference with the legislature's power, the bench observed.
It further said that the court does not wish the matter to be a publicity stunt, and it cannot direct Parliament or issue a mandamus.
The court said that if the petitioner is aggrieved by the provisions of the law, he could challenge it but have to produce the facts.
When Upadhyay contented that he had filed a PIL in the public interest, the court asked whether his property had been appropriated. It added that the court must be very careful when entertaining a PIL to challenge a law passed by Parliament.
The top court mentioned in its order, "Ashwini Kumar Upadhyay, who appears in person, seeks the permission of the court to withdraw the petition so as to enable him to pursue such remedies as are available in law. The petition is accordingly dismissed as withdrawn. No opinion has been expressed by this court on any aspect of the petition."
