Enactment of law is sovereign function: Delhi High Court dismisses PIL for implementation of Whistle Blowers Protection Act

The Delhi High Court held on Wednesday dismissed a Public Interest Litigation (PIL) seeking implementation of the Whistle Blowers Protection Act, 2014. [Dr. Mohammad Ajazur Rahman v Union of India and Ors]..While doing so, it held that enactment of law and bringing it into force is a sovereign function like declaration of war or printing of currency notes, which falls in the exclusive domain of Parliament..The observation came from a Division Bench of Chief Justice DN Patel and Justice Jyoti Singh in a plea filed by one Dr Mohammad Ajazur Rahman..The petitioner argued that the Act was passed by Parliament almost eight years back, but is yet to be brought into force. He added that the Act provides a framework to investigate alleged corruption and misuse of power by public servants while protecting persons who inform the public about these wrongdoings. Therefore, its implementation is important, he argued..However, the Bench said that courts cannot issue any writ directing the government to pass any law in Parliament and the state legislatures to implement the laws already passed.“Law is nothing but the desire of the people. Parliament represents the desire of people. State legislatures also represent the desire of the people. It is in their wisdom to enact the law. Similarly, it is in the wisdom of Parliament and legislature to bring into force the enacted law. Thus, both the enactment of the law and bringing the same into force both are purely sovereign functions,” the Court noted in its order..The Court also noted that there are several other functions which are purely sovereign and these include declaring war, printing of currency notes and manufacturing of currency coins.It said that several amendments, including the amendment to the Industrial Disputes Act, were introduced in Parliament, but are yet to be brought into force. No writ can be issued to the government to enact these amendments either, the judges said. The petition was therefore dismissed.