A.N. Ray, J. - (1.) This is an application where the only substantive prayer made is as follows: (a) Leave be given to the Petitioner, the State of West Bengal, for acquisition of all assets, in West Bengal, of the Ganges Printing Ink Factory Limited (in liquidation), Calcutta Unit, by way of enactment of appropriate piece of legislation. In my opinion, the prayer is misconceived as the same does not consider the essential split of sovereignty that has been made by the Constitution between the Legislature and the Judiciary, the Legislature is free to enact law within the framework of the Constitution. After such enactment has been made the Judiciary has the power to test such legislation as against the permissibility of the same on the basis of the applicable Articles of the Constitution and its basic structure.
(2.) Leave is prayer for the State of West Bengal for acquisition of assets of the company (in liquidation) by way of enactment of 'appropriate piece of legislation'. The question of such leave can neither be raised before a Court of Law nor be pronounced upon by a Court of Law as the Court would lack jurisdiction in that regard.
(3.) Mr. Anindya Mitra has said that such leaves were obtained in the past. If any applications of the present nature were made in the past then those applications must have been equally misconceived as the present one on the same basis as the above.;