Judicial Review of Legislative Bills Prior to Enactment Deemed Impermissible by High Court
In a landmark decision, the Orissa High Court has dismissed a Public Interest Litigation (PIL) filed by Kabita Patra challenging the Odisha Legislative Assembly Members' Salary, Allowances and Pension (Amendment) Bill, 2025. The court ruled that judicial review of a bill prior to its enactment is not permissible under the Indian Constitution, thereby reinforcing the separation of powers doctrine.
The Division Bench, comprising Chief Justice Harish Tandon and Justice Murahari Sri Raman, emphasized that a bill introduced in the legislature does not qualify as "law" until it has been assented to by the Governor or President and enacted into an Act. Hence, the court cannot entertain a challenge to a bill at its preliminary stage, as it does not yet affect the rights of individuals or citizens.
This decision aligns with a long-standing principle established by the Allahabad High Court in the 1951 case, Chhotey Lal v. The State of Uttar Pradesh, which highlighted the legislative process as incomplete until a bill receives the necessary assent to become law. The Orissa High Court reiterated that courts are not supervisory bodies over the legislature and that their function is interpretative, not preemptive.
The court further cited the Constitution Bench's observations in Special Reference No.1 of 2025, which asserted that judicial review of a bill before its enactment is neither contemplated by the Constitution nor feasible within the framework of judicial intervention.
The judgment underscores the importance of adhering to constitutional procedures in the legislative process and reinforces the autonomy of the legislative branch. The ruling serves as a reminder of the judiciary's role in maintaining the balance of power among the branches of government.
Bottom Line:
Judicial review of a Bill prior to its enactment as law is not permissible. Courts cannot entertain a challenge to a Bill at its rudimentary stage as it does not partake the character of law unless it is transformed into an Act by following constitutional procedures.
Statutory provision(s): Articles 13, 194, 245, 246 of the Constitution of India
Kabita Patra v. State of Odisha, (Orissa)(DB) : Law Finder Doc Id # 2827204
