The legislature can pass laws, but it cannot directly overturn a court decision: CJI

Chief Justice of India D Y Chandrachud discussed the division of powers among the administration, legislature, and judiciary. She stated that although the legislature can pass new legislation to “cure the deficiency” in an existing law, it cannot “directly overrule” a court decision.

“Where a court renders a decision, there is a boundary between what the legislative can and cannot do. The legislature is always free to pass new legislation to address any shortcomings in the law if a court ruling resolves a specific issue and the ruling identifies legal shortcomings.

The legislature is not allowed to declare that the ruling is incorrect and that it should be overturned. The legislature cannot immediately overturn a court’s decision. That is totally unacceptable. However, if a court adopts a specific interpretation of a law, the legislature may always fix the issue, he stated at the Hindustan Times Leadership Summit.