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Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     23 March 2017

When does a court restate a certain law?

# 1

23.3.17

It would be nice if doubts on following is cleared:

1. When does a Court Restate a certain law? - Is it only SC that is authorised?

2. Can it be petitioned for?

Thanks,

Sh. P. Suresh



 1 Replies

Ananya Gosain   09 October 2021

The Restatement of law seeks to identify and remove the ambiguities surrounding the legal principles and clarify the law for its better adaptation to the needs of society. It happens when there are seemingly conflicting interpretations of law and judgments, and authoritative pronouncements are virtually absent. 

Though Restatement of Law may not be a binding authority, it will be of a higher persuasive value because it is formulated with extensive inputs from academicians, scholars, practicing lawyers, and judges. It reflects the consensus of the legal community as to what the law is and what it should become. Courts may choose to adopt or cite approvingly to Restatement provisions as law, thereby making that provision mandatory authority.

As for Can it be petitioned for? Every citizen has the right to petition Parliament in a democracy and is of immense importance for safeguarding the rights of the citizens. Rajya Sabha permit all citizens of the country to petition the Rajya Sabha in respect of the following: -
 Any Bill which has been introduced or is pending in the Rajya Sabha.
 Any matter of general public interest relating to the Government of India

 

Hope this helps 

Regards 


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