Constitution bench to decide if courts can frame laws: SC

The Supreme Court today 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.

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.

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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 student's 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 September 22, 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.