The role of Judiciary is to ensure, Legislature and Executive function within constitutional limits. Court has held, effect of Judgments can be nullified. However, nullification of Mandamus would be an impermissible legislative exercise.

Respondent No. 1 could not have issued Orders, dated 17.11.2021 and 17.11.2022, in breach of Mandamus issued.

– Hon’ble Justice B.R. Gavai, Dr. Jaya Thakur v. Union of India, [Writ Petition (Civil) No. 456 of 2022].

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Dr. Jaya Thakur v. Union of India, (2023) 10 SCC 276 observed, “Court has held, a statute enacted by Parliament or State Legislature cannot be declared unconstitutional lightly. Unless there is flagrant violation of constitutional provisions, law made by Parliament or a State Legislature cannot be declared bad. It has further been held, if two views are possible, one making a statute constitutional and other making it unconstitutional, former view must always be preferred. Court must make every effort to uphold constitutional validity of a statute, even if it requires giving a strained construction or narrowing down its scope.”

– Hon’ble Chief Justice of India, Hon’ble Justice B.R. Gavai, In Re: The Waqf Amendment Act, 2025, [Writ Petition (Civil) No. 276 of 2025] decided on 15.09.2025.