High Court Cannot Direct Governments to Create Tribunal or Claims Commission by executive order

A.P.D. Jain Pathshala v. Shivaji Bhagwat More, (2011) 13 SCC 99 at page 110

 

28. Neither the Constitution nor any statute empowers a High Court to create or constitute quasi-judicial tribunals for adjudicating disputes. It has no legislative powers. Nor can it direct the executive branch of the State Government to create or constitute quasi-judicial tribunals, otherwise than by legislative statutes. Therefore, it is not permissible for the High Court to direct the State Government to constitute judicial authorities or tribunals by executive orders, nor permissible for the State by executive order or resolution to create them for adjudication of rights of parties.