New Delhi: Asserting that the judgment of a court cannot be “directly overruled” by Legislature, Chief Justice of India D Y Chandrachud said on Saturday that however legislature can exercise the option of enacting a fresh law to “cure” deficiency in a judicial order.
Speaking at the Leadership Summit here, Chandrachud said judges don’t think about how society will respond when they decide cases, unlike the different arms of the government.
“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.
“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 asserted.
“The fact that judges are not elected is not our deficiency but our strength,” he observed.
Chandrachud said the Supreme Court of India is the people’s court which is meant to understand the grievances of people and what it does is very different from what the Supreme Court of the United States does.
CJI further said, “We have disposed of at least 72,000 cases this year and there are still two months to go. That gives the difference in the work which we do. It is important for us as a court to continue to have faith of citizens in terms of work which we do.”
