In Brief
The State of Himachal Pradesh challenged a High Court direction requiring it to amend Section 118 of the H.P. Tenancy and Land Reforms Act within 90 days to allow non-agriculturist Himachalis to purchase land. The Supreme Court held that courts cannot direct the legislature to enact or amend laws, as this power is exclusively reserved to the legislature under the Constitution. While judicial review can examine the validity of existing laws, it cannot mandate legislative action or amendment. The Court emphasized separation of powers and that democratic accountability to voters, not judicial direction, properly governs legislative policy. The appeal was allowed and the High Court's direction was set aside.
The lawyer headnote and full judgment text are available to registered users.