What will happen if a state does not obey order of the Supreme Court?

[Anonymous]

Dear Sir, I want some clarification which is important in my case.

The Supreme Court passed an order in SLP against a State Government. This order is in our favour (we are Government servants working in the State Government). However, in spite of 6 months period, the State Government has still implemented the Supreme Court order. We sent 3 requests to the State Government to obey the Court order, but the State Government has still not obeyed it. What can be done in such situation to force the State Government to obey and implement the Supreme Court order?

[Dr. Ashok Dhamija]

If the State Government is deliberately / wilfully not obeying the Supreme Court and is wilfully not implementing such order, you can file a Contempt of Court petition in the Supreme Court against the concerned officers of the State Government. If the default is being committed at the ministry level, then you can file contempt petition against the Secretary in that ministry / department.

Usually, under the threat of contempt action, the Government would implement the order. Otherwise, the Court can take contempt action [under the provisions of the Contempt of Courts Act, and also under Article 129 of the Constitution of India] against the concerned officers who are responsible for not implementing its order deliberately.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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