Published on: 26 September 2022 at 15:40 IST
Court – Supreme Court of India
Citation – Virender Singh Hooda v. State of Haryana (2004) 12 SCC 588
Hon’ble Supreme Court of India has held that there is a distinction between encroachment on the judicial power and nullification of the effect of a judicial decision by changing the law retrospectively. It is held that Government by making laws cannot remove judicial authority. However, Government can make a retrospective law.
Para – 47
There is a distinction between encroachment on the judicial power and nullification of the effect of a judicial decision by changing the law retrospectively. The former is outside the competence of the legislature but the latter is within its permissible limits. The reason for this lies in the concept of separation of powers adopted by our constitutional scheme.
The adjudication of the rights of the parties according to law is a judicial function. The legislature has to lay down the law prescribing norms of conduct which will govern parties and transactions and to require the court to give effect to that law.
Drafted By – Abhijit Mishra
Key Words – Public Interest, Public Service Commission.