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Supreme Court of India 2017-04-24 dismissed

Ashwini Kumar Upadhyay vs Union of India and Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Ashwini Kumar Upadhyay, an advocate and political activist, filed a public interest petition seeking directions to implement recommendations from the Justice Verma Committee (1999) and Justice Venkatachaliah Commission (2002) regarding the effectuation of fundamental duties under the Indian Constitution. The Supreme Court dismissed the petition, holding that implementation of policy recommendations is the exclusive prerogative of the executive and legislative authorities, not the courts. Additionally, the Court found the petition lacked bonafides given the petitioner's political affiliations, having served as Founder Member of AAP and Official Spokesperson of BJP, making it unsuitable for entertainment as genuine PIL.

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Writ Jurisdiction Public Interest Litigation Constitutional Duties Judicial Restraint Separation of Powers

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