Thursday, December 15, 2011

In India who has more power and influence over legislation: The Supreme Court or the Prime Minister?

For example, if the PM wanted to pass a law, could the supreme court block it? If so, what could the PM do in response?





Similarly, if the supreme court passed a ruling (such as the legalisation of gay partneships) which the PM didn't like, can he do anything in response to nullify the legislation?





What resources of influence and coercion does the PM exercise over the Supreme Court?





Thanks|||In our system there are three branches of administration: 1) Legislative, 2) executive and 3) Judiciary. the area of each branch is clearly defined.


Legislative (Parliament and state legislatures) enact laws, lay down rules and procedures under the laws enacted by them .


Executive (meaning the Government headed by the PM or CMs in states, implement these laws.


Judiciary interprets these laws. Judiciary cannot make any law but only interpret it by approving or by striking it down. If a law is truck down by the judiciary , the only course open to the executive is to make another law which again will be subject to judicial scrutiny.


Under our system, so far these area identification has worked well


Only recently, there are conflicts of interest between executive and judiciary


The Supreme Court cannot block a law before it is passed by the legislature but only interpret it (suo motto or on an application by someone against the law) after it is passed by the legislataure.


PM has no influence or coercive powers over the Supreme Court.|||The Supreme Court is more powerful than the PM, but the parliament has the power to nullify or override any legislation.|||Both work hand in hand.





Supreme court has to give decisions according to the law and law is passed by the parliament.





Parliament can nullify a court decision, example is the Shah Bano Case:





http://en.wikipedia.org/wiki/Shah_Bano_c…





I do not know any law that is cancelled by Supreme Court but I believe Supreme Court can give rulling against a law if that is unconstitutional|||PM can not pass a law on his own. The power to pass a law is with the parliament. All MPs decide and then vote for any new law or modification to any existing law.





Supreme court does not have any power to modify existing law or to create a new law. It or any other court in the country can just dictate judgment based on the existing books of law.





In some cases where an existing law is not clear, the court can define it properly, and do away with the confusion but that too within the boundaries of existing framework.

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