Can Supreme Court of India make laws?

Can Supreme Court of India make laws?

We cannot create the law,” Justice R F Nariman, one of the judges of the bench, said. It is this court which can make the law as there was a void and the legislature was refusing to fill that up, he said.

Which is more powerful Supreme Court or Parliament?

The ultimate decision-maker in the judicial system is Our Top Court, Supreme Court of India. The Highest courts can review the decisions made by the parliament. In our system no neither the parliament nor the judicial system is powerful, In India, our constitution is more powerful.

Does the Supreme Court make rules?

But such written opinions also serve as a source of law for future controversies. In this way, common law courts resolve individual disputes and, by the same token, issue opinions creating legal precedent that then guides future behavior and informs many later decisions.

Can Supreme Court change the law?

Per this Article, subject to the provisions of any law made by parliament or any rules made under Article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it. The Supreme Court can nullify any decision of parliament and government on the basis of violation of basic features.

Who is supreme Supreme Court or Parliament?

It is the prerogative of the parliament to amend the constitution and make the laws; it is the duty of the judiciary to decide if basic structure of the constitution are transgressed by such laws. One the parliament has done its job, its Supreme Court which decides its constitutionality through judicial review.

Can judges create law?

1. That judges cannot “make” law; that they merely discover and ap- ply law which has always existed. 2. That judges can and do make new law on subjects not covered by previous decisions; but that judges cannot unmake old law, cannot even change an existing rule of “judge-made” law.