legislation by Court::
N.K.Assumi
(Querist) 10 September 2008
This query is : Resolved
Under what circumstances a Judge can legislate?
Kiran Kumar
(Expert) 10 September 2008
Judges never legislate, its purely a function of legislative bodies.
Judiciary only interprets the law, often called Judge made laws.
though High Courts have powers to prepare rules for the respective high court and its subordinate courts which r procedural in nature and shall not be in repugancy with the main legislations or the laws.
Murali Krishna
(Expert) 10 September 2008
Legislation is the function of legislative bodies. I do agree. But, there are so many judge made laws. You may call it as judicial activism. There are many instances, where there are no laws, judiciary interferes and made law in the interregnum.
For example: Harassment of women at work place, State of Rajstan Vs. Vishaka, Environmental laws in the case of M.c.Mehta, implementation of CNG in Delhi etc are examples of legislation by judiciary.
Adv.Shine Thomas
(Expert) 10 September 2008
I agree with Mr.Murali Krishna.According to Art.141,the judgment of the Supreme Court will be binding on all courts in India.
N.K.Assumi
(Querist) 10 September 2008
Tanx all of you:
ARVIND JAIN
(Expert) 25 September 2008
I THINK JUDGES HAVE NO BUSINESS TO LEGISLATE. IN SOME CASE THEY DO IN SOME OTHER THEY REFUSE.THIS IS NOT FAIR AT ALL.
