NEW DELHI: Highlighting the distinction between the elected branch of the government and the judiciary, Chief Justice of India DY Chandrachud on Saturday said the legislature does not possess the authority to directly overturn a judgment.
He emphasised that judges do not take into account how society might react when making legal decisions. Furthermore, he stated that while the legislature can draft new laws to address shortcomings identified in a court judgment.
During his address at an event on Saturday, the CJI explained, “There is a clear demarcation between the actions permissible for the legislature in response to a court judgment. When a judgment addresses a specific issue and exposes a legislative deficiency, it is well within the legislature’s purview to pass new legislation to rectify the deficiency.”
He went on to clarify that “what the legislature cannot do is declare a judgment incorrect and thus nullify it. Legislative bodies cannot directly overrule court judgments.”
Justice Chandrachud underscored that judges base their decisions on constitutional morality rather than public opinion. He revealed that the judiciary has already resolved a substantial number of cases, with more cases yet to be addressed in the remaining month and a half of the year. The CJI also pointed out the need for greater gender diversity in the judiciary.
CONSTITUTIONAL MORALITY
Justice Chandrachud underscored that judges base their decisions on constitutional morality rather than public opinion. He revealed that the judiciary has already resolved a substantial number of cases, with more cases yet to be addressed in the remaining month and a half of the year. concerns over the social security issue, which has been raised. The deadline for the conclusion of these talks was pushed from Diwali last year.