NEWS &VIEWS
Reference Case:
High Court of Judicature at Bombay, Nagpur Bench, Writ Petition No. 3680/2023
Dr.Mahendra Bhaskar Limaye & others
Versus.
1. Union of India, Through its Secretary,
Ministry of Consumer Affairs, Food and Public Distribution, Department of
Consumer Affairs, Krushi Bhavan, New Delhi.
2. State of Maharashtra, Through its
Secretary, Food and Civil Supplies and Consumer Affairs, Department/Ministry,
Mantralaya, Mumbai-32.
Dr
Prem Lata ,Legal Head
INTERPRETATION OF LAW: HEAD NOTES
The question remains unanswered as to whether this
judgment will invalidate the whole process so far taken to appoint Members and
Presidents of Maharashtra state?
In my opinion the law laid down by the parliament of
the country can be amended through proper legislative process and not by the
courts. Courts are to interpret the law and if any case law violates the basic principles
of natural justice, courts may direct the Govt. to amend the same by fixing
time limitation .Also court can give guidelines for process in future cases
till amendment is done .This has been done by SC in the case of Section 10(2)
under power Article 142 of the constitution.
Further, the entire process cannot be invalidate if
there is no wrong done in the cases where procedure laid down in the Act by
parliament is followed by selection committee. Once law is in the books and it
is followed ,it is very much valid ,may be irregularity found in view of
natural justice .Remedy for it is to direct the Got to amend it but not
invalidate the process which has been followed as per prevailing law
Further some legal scholars also suggest to amend the
Rule 6(2)of rules2020with retrospective effect .In my opinion retrospective
effect can be adopted in the interest of citizens at large .But in this case it
will invalidate the whole process of appointment ,hence not a special case to
do so.
Further, tenure of four year for Members/President has
been done after careful thought given to this aspect. Since parliament is
empower to make any change in the previous law, reference of any other case
with different fact cannot be made applicable and set aside the changed
provision. However process of re-appointment can be taken on the basis of
previous performance, this will suit to the natural justice doctrine.
By Dr Perm Late,
Ex-Member Consumer Commission
Become a Member of the new revolution "Consumer Awakening" and instantly expand your knowledge with the Important Landmark Judgements, Laws Laid down by the Supreme Court for Consumer Rights, Get access to hundreds of Featured Articles in 2 different Languages; English and Hindi - a valuable professional resource to draw upon, and a powerful, collective voice to advocate for your protection of rights as a consumer nationwide.
Thank you for your interest in becoming a "Consumer Awakening" Member!
You will find information on Customer Rights, what we're doing and how to become a member. If you are looking forward to become a member of our portal and gain access to Hundreds of Featured Articles which will clearly give you an insight of yoru rights as a Consumer, then Read Further. more detail on our technologies and technology process,