Supreme Court Clarifies Legislature’s Role in Addressing Judicial Verdicts
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The Supreme Court of India has provided clarity on the powers of the legislature in relation to judgments passed by constitutional courts.
The apex court emphasized that while the legislature cannot directly overrule a judgment, it holds the authority to enact laws that can alter the foundation upon which a court’s verdict is based.
The court stated,
“It is permissible for the legislature to remove a defect in an earlier legislation, as pointed out by a constitutional court in exercise of its powers of judicial review.”
This means that if a legislative provision is deemed defective or unconstitutional by a court, the legislature can rectify this defect through a new law.
Such corrective measures can be applied both prospectively and retrospectively. Moreover, actions taken under the previous, defective legislation can also be validated through this process.
However, the court also laid down a clear limitation to this power. The bench, comprising Justices B.V. Nagarathna and Ujjal Bhuyan, noted,
“However, where a legislature merely seeks to validate the acts carried out under a previous legislation which has been struck down or rendered inoperative by a Court, by a subsequent legislation without curing the defects in such legislation, the subsequent legislation would also be ultra-vires.”
This ruling underscores the delicate balance of power between the judiciary and the legislature. While the legislature has the authority to address and rectify defects in laws, it cannot simply bypass or invalidate judicial decisions without addressing the core issues identified by the courts.