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Request for Supreme court judgement


balaraghavan

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balaraghavan

I had seen one post some time back that the judgements of Supreme Court of India is law by vsprajan. Can any of our Hon'ble members give the link to that post or the siad judgement.

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Prasad GLN

Supreme Court Judgments can not be treated as law, as laws/acts are only to be framed by Parliament. SC can only interpret a law and their judgment can never become a law.

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balaraghavan

But sir I have seen the post by our Hon'ble vsprajan Sir and I am in need of it for filing case in High court. Hence , i am need it and the samecan be provided by our Hon'ble members.

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  • 2 weeks later...
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karira
I had seen one post some time back that the judgements of Supreme Court of India is law by vsprajan. Can any of our Hon'ble members give the link to that post or the siad judgement.

 

Please read this lucid article on the above subject:

 

Untitled Document

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Prasad GLN

The essence in SC judgment referred by Hon VSP relevant to this post as reply:

1.2.1 While ‘interpreting’ law, the Supreme Court may ‘alter’ it :

 

Article 141 empowers the Supreme Court to ‘declare’ the law and not enact it. Hence, observations of the Supreme Court should not be read as statutory enactments6. At the same time, this Article recognises the role of the Supreme Court to alter the law in the course of its function to interpret a legislation7 so as to bring the law in harmony with social changes5-8.

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Dr V S Prasanna Rajan
Supreme Court Judgments can not be treated as law, as laws/acts are only to be framed by Parliament. SC can only interpret a law and their judgment can never become a law.

 

In the absence of a legislation or a valid rule made thereunder covering an issue for adjudication before the high courts and supreme court of India, the constitution of India provides plenary powers to the constitutional courts under article 226 for high court and under articles 32,141,142,144 of the indian constitution for the supreme court to issue appropriate directions in public interest till a valid legislation passed by the competent legislature covers the issue, whose provisions are consistent with the directions of the constitutional courts.

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