11 Nov : The Supreme Court on Wednesday referred to a five-judge Constitution bench a crucial question as to whether courts can frame and implement laws which are under the exclusive domain of the legislature and the executive.
A two-judge bench of Justices Markandey Katju and Asok Kumar Ganguly made the reference while taking strong exception to an earlier apex court order framing guidelines for the conduct of students union elections in colleges and universities across the country.
The court rejected the argument of the Solicitor General Gopal Subramanium, who is an amicus curiae in the matter, that such directions could be passed to fulfil pressing social needs.
“Today there are high prices and large-scale unemployment. These are pressing social needs. But can we pass orders on these to the government because we do not have the expertise though we are also affected by the price rise,” the bench remarked.
On 22nd September 2006, the apex court had on the basis of the Lyngdoh Committee report passed a series of guidelines on the conduct of elections in colleges and universities.
The guidelines included restriction on the expenditure incurred by the candidates for canvassing, age bar and on prevention of criminal elements from contesting the polls.
The bench said the issue needs to be examined by a Constitution bench as it involved “questions of grave Constitutional importance.”
The issues to be examined by the Constitution Bench are–Whether the interim order of the apex court on 22nd September directing implementation of the Lyngdoh Committee report was valid,
Second, whether it amounted to judicial legislation.
Third, whether judiciary can legislate and, if so, what is the permissible limit.
And fourth, whether judiciary can cite pressing social problems to pass such judicial directions.