When a Court gives a direction to the Legislature to carry out amendments in an Act .Can the Legislature ignore such obiter dicta ? Can Contempt be filed ?
2 Replies
bvyas14 Dec 2009, 05:12
I am highly impressed by the point raised by our learned friend Bhavani.
This is indeed a very complex point.
Having said that it is my humble understanding that the Soverignty of the Parliament is always Supreme and accordingly the Supremacy of the Parliament must prevail .
It is most unlikely that any Court will permit any plaintiff to file any contempt proceedings .
By Obiter Dicta the Judiciary bring it to the attention of the Parliament the requirement to amend or reform the Law and according to my humble understanding the Judicary will never permit filing of any proceedings because to do so means permitting the violation of the supremacy of the parliament .
Warm Regards
Bhupendra K Vyas
Sr Solicitor
Sighania and co
London
AnonymousLLB14 Dec 2009, 19:57
Mr Vyas is correct. Parliamentary sovereignty means that the courts can’t direct the legislature in this way. Unless of course, there is an argument to suggest that an Act is a breach of the Constitution - In such circumstances, I’d humbly suggest that the Supreme Court could direct the Government to amend such Act so that it conforms to the Constitution.
2 Replies
I am highly impressed by the point raised by our learned friend Bhavani.
This is indeed a very complex point.
Having said that it is my humble understanding that the Soverignty of the Parliament is always Supreme and accordingly the Supremacy of the Parliament must prevail .
It is most unlikely that any Court will permit any plaintiff to file any contempt proceedings .
By Obiter Dicta the Judiciary bring it to the attention of the Parliament the requirement to amend or reform the Law and according to my humble understanding the Judicary will never permit filing of any proceedings because to do so means permitting the violation of the supremacy of the parliament .
Warm Regards
Bhupendra K Vyas
Sr Solicitor
Sighania and co
London
Mr Vyas is correct. Parliamentary sovereignty means that the courts can’t direct the legislature in this way. Unless of course, there is an argument to suggest that an Act is a breach of the Constitution - In such circumstances, I’d humbly suggest that the Supreme Court could direct the Government to amend such Act so that it conforms to the Constitution.