Legislature can enact fresh law to cure deficiency in judgment: CJI
The News Freedom
New Delhi, November 4
Chief Justice of India (CJI) DY Chandrachud on Saturday said that legislature can enact fresh law to cure deficiency in judgment, can not directly overrule it. “There is a dividing line between what the legislature can do, and what the legislature can’t do when there is a judgment of the court. If a judgment decides a particular issue and it points out a deficiency in law, it is always open for the legislature to enact a fresh law to cure the deficiency,” the CJI said while addressing the 21st edition of Hindustan Times Leadership Summit in New Delhi.
“What the legislature cannot do is to say that we think the judgment is wrong and therefore we overrule the judgment. The judgment of a court cannot be directly overruled by the legislature,” CJI Chandrachud further said, according to media reports.
The CJI further said that there is no reason for the Supreme Court not to answer seminal or critical issues just because they happen to be “most difficult questions” at those times, as per The Hindustan Times report.
“For all of you who follow the news, you know that we have been hearing the most difficult questions of our times as judges because my own personal mission is that we can’t profess to be right, as they say that ‘we are final not because we are right, but we are right because we are final. But that is no reason for the court not to answer the critical or seminal issues of our time,” the CJI further said, The Hindustan Times reported.
“The CJI said that since the Constitution had assigned it the responsibility of performing the role of the people’s court by granting wide jurisdiction, he has tried to continue with permanent Constitutional benches hearing cases ever since he has been at the helm of top court’s affairs. The apex court in the first half of the year dealt with almost 55 constitution bench hearings,” a report in The Hindustan Times said.