How judges make laws and the role of courts and parliament in law making?
srishti jain 20 July 2021
As per your query,
Law has its different forms. It may be through the acts of the legislative bodies, through the acts of the executive or the judicial precedents, and legal customs.
The place of a legislative body in the law-making process depends upon the character of the principle of separation of powers recognized in a country. In India, Parliament can make laws on a wide range of subjects allotted to it under the Union and the Concurrent lists in the VII schedule to the Constitution. Residual powers also vest with the parliament in matters that are not specifically assigned to the States. States can make laws on subjects enumerated in the State list.
Judiciary is the guardian of the Constitution. It enforces it and declares any law passed by the legislature void if any of its provisions are violating the constitutional provisions, particularly the fundamental rights and the basic features of the Constitution. The final authority of the Supreme Court in India to decide the validity of a law.
Hope it helps,