Legislature can enact fresh law to cure deficiency in judgment, cannot overrule it: CJI Chandrachud

CJI Chandrachud
File Photo: CJI DY Chandrachud

November 4, 2023

Chief Justice of India D Y Chandrachud on Saturday said that the judgment of a court cannot be “directly overruled” and the legislature can exercise the option of enacting a fresh law to “cure” deficiency in a judicial order.

“There is a dividing line between what the legislature can do and what the legislature can’t do when there is a judgment of the court. If a judgment decides a particular issue and it points out a deficiency in law, it is always open for the legislature to enact a fresh law to cure the deficiency,” the CJI said while speaking at the Hindustan Times Leadership Summit.

“What the legislature cannot do is to say that we think the judgment is wrong and therefore we overrule the judgment. The judgment of a court cannot be directly overruled by the legislature,” he added.

The CJI further said that judges are guided by constitutional morality and not public morality while adjudicating cases.

The fact that judges are not elected is not our deficiency but our strength, he added.

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