The Supreme Court has stated that any law implemented by the Parliament or the State Legislature to “later” a court order cannot be done, and would “force the law” when enacted, unless a “zero and zero” is declared by a constitutional court.
A bench of Justice BV Nagrathana and SC Sharma said that it was alleging that the Chhattisgarh government had failed to follow the instructions of the SC in the May 15 order, such as the SC had failed to follow the SC, such as Salwa Judam and Arming tribals to support the vigilance groups in the name of Special Police Officers (SPOs).
The contempt plea argued that even after SC on 5 July 2011, ordered to complete the activities of Salwa Judam, in September that year, the Chhattisgarh government enacted the Chhattisgarh Assistant Armed Police Force Act, 2011, which authorized a tributary forces to help security forces to deal with Maoist violence and validate the existing SPOS.
The plea of contempt – as well as the main petition, on which SC’s 2011 order came – was filed by Professor Nandini Sundar, writer Ramchandra Guha and Tribal Affairs Secretary of East Andhra Pradesh, EG Sharma.
The bench said, “With the order of this court by the Legislature of the state of Chhattisgarh, in our view, one cannot be called a work of contempt of order passed by this court …”, the bench said.
“Each state legislature has plainry powers to be an enacted and therefore until the said Act is declared an ultra virus in the Constitution, or in any way, zero and zero by a constitutional court, zero and zero, will be the force of law in the said Act.”
The bench stated that under the Constitution, the judiciary lies with the legitimacy or the validity of the law or otherwise the legitimacy of the law or otherwise to solve the disputes.
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“However, the explanatory power of a constitutional court does not consider the position of announcing the practice of legislative functions and passing an act as an example of a court’s example,” it said.
The bench tried to remind that “is the power of the central legislative organ for legislative work and at the same time to amend the laws” and “Any law made by the Parliament or State Legislature cannot only be done by the court with this court to enact laws.”
“Near a Legislature, to pass a law, the powers of passing a law, to remove the basis of a decision or in the option, validate a law, which has been killed by a constitutional court to affect or separate the verdict of a constitutional court, which affects a part of an act or affects the whole attachment for that case.
“It is the origin of the principle of separation of powers and should always be accepted in constitutional democracy like us,” it said.
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