'Enactment Of Law Is Sovereign Function': Delhi High Court Dismisses Plea For Implementation Of Whistle Blowers Protection Act, 2014

The Delhi High Court today refused to entertain a Public Interest Litigation seeking a direction upon the Parliament to bring into force the Whistle Blowers Protection Act, 2014.

At the outset, the Division Bench comprising Chief Justice DN Patel and Justice Jyoti Singh observed that enactment of law and bringing it into force are sovereign functions to be performed by the Parliament or the State Legislature under the Constitution, as the case may be. Hence, no direction, much less a writ of mandamus can be issued in this regard by the Courts.

The petitioner, Dr. Mohammad Ajazur Rahman, represented by Advocate Payal Bahl had submitted that the Act was passed by the Parliament in 2014, almost eight years ago. However, it is yet to be brought into force. Bahl added that the Act provides a framework to investigate corruption and misuse of power by public servants while protecting the whistle blowers. Hence, its implementation is imperative.

ASG Chetan Sharma, appearing for the Union, submitted that the petitioner had made a representation to them and the same had been duly replied on 8 December, 2021, giving reasons.

Hearing this, the Bench orally remarked,

"Law is nothing but the desire of the people and they (Parliament and State Legislature) represent the desire of the people. It is in the wisdom of Parliament and legislature to bring into force the enacted law. If the Parliament thinks this is not the proper time to bring law in force..."

The Bench then cited the example of the Industrial Disputes Act which was amended more than 2 decades ago but in the wisdom of the Parliament, was not brought into force. No writ can be issued to the Parliament to enact these amendments either, the Bench said.

Case Title: Dr. Mohammad Ajazur Rahman v. Union of India & Ors.

Citation: 2022 LiveLaw (Del) 143