Chief Justice of India DY Chandrachud on Saturday (November 4) noted the “difference” between the elected arm of the government and the judiciary and said that the judges do not think about how the society would respond while deciding cases. The CJI further said that the legislature can enact a fresh law to cure a deficiency in a judgment but it cannot directly overrule it.
"There is a dividing line between what the legislature can do, and what the legislature can't do when there is a judgment of the court. If a judgment decides a particular issue and it points out a deficiency in law, it is always open for the legislature to enact a fresh law to cure the deficiency," the CJI said while speaking at the Hindustan Times Leadership Summit.
"What the legislature cannot do is to say that we think the judgment is wrong and therefore we overrule the judgment. The judgment of a court cannot be directly overruled by the legislature," the CJI said.
Judges guided by constitutional morality
Justice Chandrachud said that the judges are guided by constitutional morality and not public morality while adjudicating cases.
"We have disposed of at least 72,000 cases this year and there's still a month and a half to go," he said.
The CJI said that more women will enter the judiciary if there is a level playing field and noted that there are structural barriers in the entry-level of the judicial system.
"We need to redefine merit in an inclusive sense. If you open a level playing field for entry, you will have more women in the judiciary," he said.
Justice Chandrachud also extended best wishes to the Indian men's cricket team for the World Cup and said they inspire him.
(With PTI inputs)
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