Table of Contents
Who can change Supreme Court decision in India?
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.
Can Indian Supreme Court decision be changed?
The parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition. Taking into consideration the principle of stare decisis, courts generally do not unsettle a decision, without a strong case. This provision regarding review is an exception to the legal principle of stare decisis.
Can Parliament overrule the Supreme Court?
Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change. Parliamentary sovereignty is the most important part of the UK constitution.
Who can overturn decisions of the Supreme Court?
The U.S. Supreme Court is the highest court in the United States. Its decisions set precedents that all other courts then follow, and no lower court can ever supersede a Supreme Court decision.
What is the role of the Supreme Court in India?
The Constitution of India provides that the Supreme Court may review and revoke the law made by Parliament and if there is no law on a particular issue, the Supreme Court’s decision is considered law of the land. However, this should not tamper with the basic structure of the Constitution.
Can the Supreme Court review laws made by the Parliament?
If the domain to make laws is with the Parliament i.e. the Parliament is competent to make such law and that the new law is not violative of the constitutional provisions, Parliament can enact such a law. However the Supreme Court can still review that law.
What are the powers of the Parliament in India?
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 Parliament amend the Constitution after a Supreme Court judgement?
Yes, Parliament can do. The first amendment of constitution itself is against SC Judgment. Many such list after that.