Parliament vs Judiciary

What is your view? Who enjoys supremacy over one another? Parliament is superior to Judiciary or is it another way round. This has been a never-ending debate. As per the Constitution, none of the organs — executive, legislature, or judiciary- are afforded supremacy over each other, and they are to function on the basis of the principles of separation of powers and mutual checks and balances, within their respective demarcated areas. But over the years we have seen clashes between these two pillars of the constitution — Parliament, and Judiciary.

Recently, the new clash between the Parliament and Supreme Court is regarding the two bills which seek to nullify the effect of two judgments. The bills in question are the Constitution (127th Amendment) Bill 2021 and the Tribunals Reforms Bill 2021.

I. Constitution (127th Amendment) Bill 2021

  • The Constitution(127th Amendment) Bill seeks to amend the Constitution to restore to States the power to identify and specify Socially and Economically Backward Classes (SEBCs).

II. Tribunals Reforms Bill 2021

  • The Tribunal Reforms Bill 2021 nullifies the effect of the recent judgment of the Supreme Court in the Madras Bar Association case which had struck down certain provisions relating to the term, selection process, and minimum age qualification of members of Tribunals.

Now the question that arose is “Whether Parliament has the power to pass a law to get over the Judgement?”

So, many judicial precedents have stated that Legislature cannot by a bare declaration, without anything more, directly overrule, reverse or override a judicial decision. So if any particular action has been barred by a judicial judgment, Parliament(legislature) by a subsequent legislation state that particular action can be done.

But this does not make Parliament powerless in case of overcoming a judicial decision. It is always open to the legislature to re-enact a law, by removing or curing the vice or defect that originally existed, which led to the law being invalidated by the court. This was legislature has the power to neutralize the judgment given by the courts by altering the legal basis of the judgment or changing the defect in the law.

This dispute still continues…

That’s All from us

Take Care

Prajna Priyadarshini

SOURCE: Livelaw



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