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LEGISLATIVE OVERRULING OF JUDICIAL PRONOUNCEMENTS IN INDIA: A CONSTITUTIONAL AND LEGAL ANALYSIS

  • Unique Paper ID: 170579
  • Volume: 11
  • Issue: 7
  • PageNo: 787-791
  • Abstract:
  • Legislative overruling is a critical aspect of constitutional governance, occurring when legislative bodies enact new laws or amend existing statutes to nullify or modify judicial interpretations. This mechanism embodies the dynamic interplay between the judiciary and the legislature, often leading to significant shifts in the balance of power between these two organs of the state. In India, the constitutional framework underpins this interaction, providing space for both judicial review and legislative responses. While the judiciary is entrusted with interpreting laws and safeguarding constitutional principles, the legislature holds the power to override judicial pronouncements through statutory amendments, provided these do not contravene the Constitution's basic structure. This paper critically examines the phenomenon of legislative overruling within the Indian context, focusing on its legal, constitutional, and democratic implications. It explores the doctrine of separation of powers, highlighting the delicate balance required to ensure both judicial independence and legislative supremacy. Through an in-depth analysis of landmark cases such as Kesavananda Bharati v. State of Kerala, Shah Bano Case, and Sabarimala Verdict, the paper underscores how legislative interventions have shaped legal discourse and societal norms. The study also draws comparisons with legislative overruling practices in other jurisdictions, including the United States, United Kingdom, and Australia, providing a global perspective on this legal tool. While legislative overruling can be a powerful mechanism for addressing societal needs and correcting judicial missteps, its misuse poses risks to judicial autonomy and the rule of law. This paper concludes by proposing recommendations to harmonize the roles of the legislature and judiciary, ensuring that legislative overruling serves as a tool for democratic accountability without undermining the judiciary's role as the guardian of constitutional rights.
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Cite This Article

  • ISSN: 2349-6002
  • Volume: 11
  • Issue: 7
  • PageNo: 787-791

LEGISLATIVE OVERRULING OF JUDICIAL PRONOUNCEMENTS IN INDIA: A CONSTITUTIONAL AND LEGAL ANALYSIS

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