Supreme Court · 2013 INSC 341 · Decided 10 May 2013
Chairman, Rajasthan State Road Transport Corporation & ORS. v. SMT. Santosh & ORS.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 341 · [2013] 3 S.C.R. 720
- Case number
- SPECIAL LEAVE PETITION (CIVIL) No. 3265/2012
- Decided
- 10 May 2013
- Bench
- B.S. CHAUHAN, F.M. IBRAHIM KALIFULLA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Constitution; Motor Vehicles Act Section 2(44), 2(28)
Headnote
C CONSTITUTIONAL LAW: Separation of powers - Issuance of directions by constitutional courts in case of legislative vacuum - HELD: So far as the legislation by court is concerned, as a corollary 0 to doctrine of separation of powers, a judge that it gets from legislature - He is simply not authorised to legislate - However, simply filling up an existing vacuum till legislature chooses to make appropriate laws, does not amount to taking over the functions of legislature - E Supreme Court has insightfully identified Art. 32 as the
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