Legislature Can Enact Fresh Law to Cure Deficiency in Judgment, Cannot Directly Overrule It: CJI Chandrachud

Legislature Can Enact Fresh Law to Cure Deficiency in Judgment, Cannot Directly Overrule It: CJI Chandrachud
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The Chief Justice of India, Chandrachud, emphasized the separation of powers between the judiciary and the legislature. While the legislature cannot directly overrule a judgment, it has the power to enact a fresh law to cure any deficiencies pointed out by a judgment. The judgment may highlight a deficiency in the existing law, and it is the responsibility of the legislature to address the issue by enacting a new law. The CJI’s remarks came in response to the question of whether the legislature can counter a judgment it disagrees with. He clarified that the legislature cannot directly overturn a judgment, but it can take corrective action through legislation. This ensures that the judiciary retains its role as the final interpreter of the law, while the legislature can rectify any legal gaps or flaws identified by a judgment. The separation of powers is essential in maintaining the balance and integrity of the Indian legal system.

TIS Staff

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