Supreme Court has ruled that High court cannot frame a scheme for the government or direct it to frame one but only ask it to consider framing a particular scheme.
Central Government had approached the Supreme Court against the Uttarakhand High Court order which framed a scheme by itself to regularize the services of the Casual Paid Labourers.The scheme granted them the benefits similar to those of the regular employees under all the Labour Laws.It had also issued Mandamus to Government to implement it.
The Supreme court while setting aside the Uttarakhand High Court order said that the High Court,in exercise of its extraordinary power under Article 226 of the Constitution can only direct the government to consider framing an appropriate scheme.Such directions to the government should be with regard to the facts and circumstances of each case.It is only in exceptional cases when the court considers it proper,should it issue appropriate mandatory directions.
Article 226 empowers the high courts to issue writs to a person or authority,including the government.The writs which can be issued are (a)habeas corpus (b)mandamus (c)prohibition (d)quo warranto and (e)certiorari.
A Writ is a formal written order issued by the Court in the name of the sovereign power.Any warrant,orders,directions,and so on,issued by the Supreme Court or the High court are called writs.
Mandamus is one of the writ that can be issued by the Court which can literally be construed as “we command”.It is a command issued by a court commanding a public authority to perform a public duty belonging to its office.