SC: Can courts make laws?

ew Delhi
Nov. 11: A two-member bench of the Supreme Court on Wednesday referred to a Constitution Bench the crucial question of whether courts can actually frame laws, a role reserved for the legislature.
The bench comprising Justices Markandeya Katju and A.K. Ganguly noted that courts do not have expertise to pass orders to the government on issues such as high prices and unemployment. “We can’t abolish Parliament and say we are Parliament and start legislating,” the court remarked.
These observations came while the bench was hearing a petition by several college principals in Kerala on student union elections. The bench commented that while the courts too were concerned about rising prices and unemployment, they could not pass orders to the government on such matters as they were in the exclusive domain of the legislature.
“Today there are high prices and largescale unemployment. These are pressing social issues. But can we pass orders on these to the government? We do not have the expertise though we are also affected by the price rise,” the bench observed.
The judges felt it was “improper” and “dangerous” for the judiciary to take over functions of the legislature and executive, noting all three have their respective roles to play.