My Lord, Should Section 2(1)(d) of The Protection of Children from Sexual Offences Act, 2012 that defines ‘child’ to mean any person below the age of 18 years, engulf and embrace, in its connotative expanse, the ‘mental age’ of a person or the age determined by the prevalent science pertaining to psychiatry so that a […]Read more "The Nature of Judicial Power: The Theory of Creative Interpretation"
“When a law is enacted with retrospective effect, it is not considered as an encroachment upon judicial power when the legislature does not directly overrule or reverse a judicial dictum. The legislature cannot, by way of an enactment, declare a decision of the Court as erroneous or a nullity, but can amend the statute or […]Read more "The Nature of Judicial Power: Hon’ble Justice Dipak Misra"
The case of Enviro Legal Action v. Union of India, (2011) 8 SCC 161 elaborated the scope of Article 137 of the Indian Constitution. The SC in the case of Kamlesh Verma v. Mayawati, (2013) 8 SCC 320 further held as under: “(A) When the review will be maintainable: Discovery of new and important matter or […]Read more "The Nature of Judicial Power: Powers of Review of the Supreme Court"
“The power to invalidate a legislative or executive act lies with the Court. A judicial pronouncement, either declaratory or conferring rights on the citizens cannot be set at naught by a subsequent legislative act for that would amount to an encroachment on the judicial powers. However, the legislature would be competent to pass an amending […]Read more "The Nature of Judicial Power: Hon’ble Justice Ranjan Gogoi"
‘Sitting here at the end of 2015, we’ve had 41 years since Royappa, and it is still unclear what the Arbitrariness Test is really about.’ Mihir, however, is forceful in his conclusion that, ‘the content of Article 14 cannot change in the manner suggested by the Court.’ It cannot be so that no one can challenge a law as […]Read more "The Nature of Judicial Power: Mihir Naniwadekar"
“It is settled law by a catena of decisions of this Court that the legislature cannot directly annul a judgment of a court. The legislative function consists in “making” law [See, Article 245 of the Constitution] and not in “declaring” what the law shall be [See, Article 141 of the Constitution]. If the legislature were […]Read more "The Nature of Judicial Power: Sir John Fenwick"
There are always those who you emulate. If V. Niranjan had not written as copiously as he has already written, there would never have been a need for the last word. The New Year is all about hope. And I hope to meet you on the bench. Here is what he wrote in 2006 as […]Read more "The Nature of Judicial Power: V. Niranjan"