25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

kriti agrawal (self)     29 August 2013

Role of parliament and the courts

How judges make laws and the role of courts and parliament in law making?

 

kriti



Learning

 2 Replies

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,

Regards,

Srishti

 

Sharad Nayak   18 February 2022

Judges don't have power to make laws. Judges can only do the judicial review of the laws made by the parliament.

Judges and courts come under Judiciary, and laws are not made by judiciary.

Laws are made and passed by the following legislative bodies:

1) Parliament which consists of Rajya Sabha and Lok Sabha

2) Legislative Assemblies of all the states

3) Legislative Councils in whichever state is available

In legislative bodies, a law is introduced in the form of a Bill, After a law is passed by the legislative bodies, it is called as an Act. 

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query