Legislature Can't Directly Overrule Judgment, But Law Can Be Made To Alter Basis Of Court Verdict : Supreme Court thumbnail
Legislature Can't Directly Overrule Judgment, But Law Can Be Made To Alter Basis Of Court Verdict : Supreme Court
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However, where a legislature merely seeks to validate the acts carried out under a previous legislation which has been struck down or rendered inoperative by a Court, by a subsequent legislation without curing the defects in such legislation, the subsequent legislation would also be ultra-vires,” th
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  • However, where a legislature merely seeks to validate the acts carried out under a previous legislation which has been struck down or rendered inoperative by a Court, by a subsequent legislation without curing the defects in such legislation, the subsequent legislation would also be ultra-vires,” the bench comprising Justices B.V. Nagarathna and Uj...
  • legislatively overrule’ a Court’s judgment by a legislative fiat, and would therefore, be illegal and a colourable legislation.
  • the bench held that it is open to the legislature to alter the law retrospectively, provided the alteration is made in such a manner that it would no more be possible for the Court to arrive at the same verdict. “In other words, the very premise of the earlier judgment should be removed, thereby resulting in a fundamental change of the circumstance...
  • However, the bench said that the legislature cannot validate the acts carried out under a previous legislation which has been struck down by a Court, by passing a subsequent legislation without curing the defects in the legislation. “The rule of law would cease to have any meaning if the legislature is at liberty to defy a judgment of a court by si...

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