Judgement Based Expected QAs on JOHN PAILY VS. STATE OF KERALA LL 2021 SC 227 for Judicial Services (Master) Preparation

Judgment of Court

Constitutional Law

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    JOHN PAILY VS. STATE OF KERALA LL 2021 SC 227

    Q. Whether A Mandamus Can Be Issued By Sc For Setting Up An Adjudicatory Body Or Tribunal ?

    A. NO

    RELEVANT CASE LAW:

    JOHN PAILY VS. STATE OF KERALA LL 2021 SC 227

    REASONS:

    • Entry 11A of the Concurrent List of the Seventh Schedule to the Constitution deals with, inter alia, "Constitution And Organization Of All Courts, except the Supreme Court and the High Courts".
    •  Having due regard to the provisions of Articles 245 and 246 of the Constitution, no such mandamus can be issued by this Court.
    • Nor can a direction be issued by this Court to the legislature of a State to enact a law.

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