Table of Contents
- 1 Under what circumstances can the Supreme Court reverse its decision?
- 2 Can Parliament nullify Supreme Court Judgement?
- 3 Can a Supreme Court Judgement be challenged?
- 4 What can be done to overturn a decision of the Supreme Court?
- 5 Who can change the Judgement of the Supreme Court?
- 6 How can Supreme Court be overturned?
- 7 Who pronounced the majority judgement in the case of Jharkhandi V Rajasthan?
- 8 What is a reversal in court of law?
Under what circumstances can the Supreme Court reverse its decision?
The Supreme Court can overturn its past decisions. This happens when a different case involving the same constitutional issue as an earlier case is reviewed by the Court and seen in a new light, typically because of changing social and political situations.
Can Parliament nullify Supreme Court Judgement?
The Constitution of India has given powers to the Parliament for enacting a new law under Article 245 or bring an amendment to the existing law under Article 368 of the Constituion, respectively. The Parliament exercising its powers under these Articles can overturn the Judgment of the Supreme Court.
Can a Supreme Court Judgement be challenged?
The parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition. Article 137 of the Constitution provides that subject to provisions of any law and rule made under Article 145 the Supreme Court of India has the power to review any judgement pronounced (or order made) by it.
What precedent directs judges to be cautious about overturning decisions made by the courts?
stare decisis
A very strong precedent called stare decisis (“let the decision stand”) directs judges to be cautious about overturning decisions made by past courts.
Can Parliament discuss the Judgement of Supreme Court?
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.
What can be done to overturn a decision of the Supreme Court?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court.
Who can change the Judgement of the Supreme Court?
the President
Under Article 217(1) of the Constitution, the President with a consultation with the Governor of the State, the Chief Justice of India and the Chief Justice of the State. The President also has the power to rectify the judgment dictated by the court.
How can Supreme Court be overturned?
Can the Parliament overturn the judgment of the Supreme Court?
So yes the parliament can overturn the judgment of supreme court by passing a law against the decision. Constitution of India has provided for checks and balances, in the working of the legislature, judiciary, and the executive.
Who reigns over all areas of law in India?
In India, it has been readily accepted by Courts that Parliament reigns over all areas of law, except for the Constitution, which is jealously guarded by the Court.
Who pronounced the majority judgement in the case of Jharkhandi V Rajasthan?
The majority judgement in the case was pronounced by S.M.Sikri C. J., Hegde J, Mukherjea J, Shehlat J, Grover J, Jaganmohan Reddy J, Khanna J, and was dissented by Ray J, Palekar J, Mathew J, Beg J, Dwivedi J and Chandrachud J.
What is a reversal in court of law?
When a higher court on appeal alters the judgment of a lower court, it is called ‘reversal.’ Generally, a review is heard in the judge’s chamber, but may be heard in open court in important cases — as in the Sabarimala and Rafale cases, in which no order has been pronounced yet.