Ashwini Kumar Upadhyay Vs Union of India

SUPREME COURT OF INDIA 24 Apr 2017 Writ Petition(s)(Civil) No(s).265 of 2017 (2017) 04 SC CK 0001
Bench: Division Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Writ Petition(s)(Civil) No(s).265 of 2017

Hon'ble Bench

Jagdish Singh Khehar, CJ; Dr. D.Y. Chandrachud, J

Advocates

V. Shekhar, Sr. Adv., Ms. Asha Upadhyay, Girdhar Nagar, J.P. Tripathi, R.D. Upadhyay, Advocates, for the Petitioners

Final Decision

Dismissed

Acts Referred
  • Constitution of India, 1950 - Article 32

Judgement Text

Translate:

@JUDGMENTTAG-ORDER

1. Heard learned senior counsel for the petitioner.

2. The petitioner has approached this Court by seeking the following prayers:

"a) take appropriate steps to implement the Justice Verma Committee Report (1999) on effectuation of fundamental duties (Annexure-1);

b) implement the recommendations of National Commission to Review the Working of the Constitution (Justice Venkatachaliah Commission) on fundamental duties (Annexure-2);

c) take such other steps as this Hon''ble Court may deem fit for effectuation for fundamental duties and allow the cost of petition to petitioner."

3. We are of the view, that the prayers, which the petitioner desire to effectuate, through the exercise of authority vested in this Court, under Article 32 of the Constitution of India, are indeed the prerogative of the executive, and legislative functioning of the respective authorities.

4. We are also of the view, that the petitioner approaching this Court with a prayer seeking directions for implementation of recommendations contained in a report furnished in 1999, and another report furnished in the year 2002, does not appear to be bona fide specially in view of the credentials of the petitioner, which are depicted in paragraph 4 of the writ petition, the relevant extract whereof is reproduced hereunder:

"That petitioner is an Advocate, practicing before this Hon''ble Court and a social-political activist, contributing his best to the development of the socially-economically downtrodden people of the country and ameliorating their condition. Petitioner has been worked with social activist Sh.Anna Hazare and actively participated in India Against Corruption movement. It has been Founder Member of AAP and now Official Spokesperson of BJP but filing this PIL in his personal capacity."

5. For the reasons recorded hereinabove, we decline to entertain the instant petition, filed as a cause in public interest, in exercise of our jurisdiction under Article 32 of the Constitution of India

6. The writ petition is accordingly dismissed.

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