A Bill is drafted/prepared by Government on the basis of its policy. Even where, the Supreme Court has given any direction/ suggestion to the Government to prepare a legislation on a specific subject, the concerned Department/ Ministry considers the same and take decision as per their policy. If the concerned Department/ Ministry decides to prepare a legislation then, they prepare a Note for the Cabinet and forward the same to Ministry of Law and Justice after following the necessary procedure. Giving this information in written reply to a question in the Rajya Sabha today, Shri Salman Khurshid, Minister of Law & Justice said that even, the Supreme Court itself has held that neither the Court can legislate, nor it has any competence to issue direction to the legislature to enact a legislation in particular manner.
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