Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Chandrasekaran   03 October 2016

Value of supremen court order

Can a legislative body overlook / neglect the Order of the Supreme Court. If so under what circumstances ?


Learning

 8 Replies

Sachin (N.A)     03 October 2016

Legislative has the power to make laws and orders or previous judgements are not bounding on legislative and they can bypass the order in the name of "welfare of the people".

 

lonely_man (Research)     03 October 2016

Well, I guess it depends on the nature of judicial directions. The Judiciary cannot direct a Legislative body to frame a law.

Chandrasekaran   04 October 2016

Mr Sachin,

Is the function of judiciary system not for 'Welfare of the People'. Laws are made basically to prevent / punish any unlawful act against the people. So any order issued by the Judiciary system is binding the welfare of the people. If you say Judiciary system can have a biased view over the welfare of People, I don't want to argue.

Sachin (N.A)     04 October 2016

Dear Mr Insane ,

Where i have written what you quoted on my name.

I said order of judiciary is not binding on legislative only legislative can make laws for the " Welfare of the people"

 

Consult a good doctor.

And moreover why you asked question when you already know the so called answer.

 

Sachin (N.A)     04 October 2016

Return to frontpage
 
» TODAY'S PAPER » NATIONAL
July 20, 2006
 

Do not interfere in policy decisions, Supreme Court tells High Courts

Legal Correspondent

Constitution does not permit court to advise Executive in policy matters

Government alone can decide which policy should be adoptedCourt cannot interfere even if second view is possible.

Chandrasekaran   04 October 2016

Dear Mr. Sachin,

Thank you for your suggestion.

Ms.Usha Kapoor (CEO)     06 October 2016

Dear Client,

            Until the  Parliament enacts the law  the  supreme courts verdicts  are the law of the land. In a number of cases Judiciary has influenced the executive to make progressive laws be it land reforms,  womens s*xual harassment etc. Each organ of the Government functions witrh mutual checks an balnces.But  the supreme court cannot substitute laws made by the executive and  make laws suposedly to be made by  executice bv taking the place of  the  executive.. The three organs of  the state must function  ,ie, legislature, ecutive and Judiciary in hARMONY WITH EACH OTHER  WITHOUT  ONE ENCROACHING THE OTHER.If you  APPRECIATE THIS  ANSWER PLEASE  click the  thank you  button on this forum.

1 Like

Chandrasekaran   06 October 2016

Thank you Ms. Usha for a vivid clarification.

Adding to you last sentence......

'The three organs of  the state must function  ,ie, legislature, ecutive and Judiciary in hARMONY WITH EACH OTHER  WITHOUT  ONE ENCROACHING THE OTHER. AND RESPECTING EACH OTHER AND THEIR DECISIONS.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register