Does court make laws?
Sumir
(Querist) 17 June 2011
This query is : Resolved
Does court like HC, SC make law?
A V Vishal
(Expert) 17 June 2011
Courts only administer law, law making is the power of the parliament.
PALNITKAR V.V.
(Expert) 18 June 2011
The supreme court has powers to issue guidelines which take shape of Law in absence of any specific law on the subject as had happened in the case of Vishakha.
Dr V. Nageswara Rao
(Expert) 18 June 2011
1. The view that Courts do not make the law was rejected long, long ago.
2. Law is made up of statury law which is made by legislatures; customs made by society itself, and Jduge made law made by judges.
3. Most of the law of torts, entire Common Law etc are made by Courts. Over period of time, Courts have created new torts like negligence and Strict Liability.
4. Even in the field of Constitutional Law judges have made law. The Doctrine of Basic Structure of the Constitution was invented by Supreme Court and this doctrine even restrcits the power of Parliament to make laws and even amend the Constitution. Higher judiciary strikes down Acrs and ordinance made by Parliament and President of India.Courts have n
made interim rules re sexual harassment, arrest etc.
Arun Kumar Bhagat
(Expert) 19 June 2011
These are called subordinate legislation. Rules formulated by the Corporations also becomes law like RBI Act, LIC Act, Port Trust Act etc.
