The power of the Parliament to enact law, even to undo judgements, is unquestionable

The power of the Parliament to enact law, even to undo judgements, is unquestionable

Mathews J Nedumpara
98205 35428
26.01.23.

The power of the Parliament to enact law, even to undo judgements, is unquestionable

Nothing could be more contrary to the elementary principles of jurisprudence than to assert that the legislature cannot enact a law to ineffect a judgement. It is so unfortunate that the SC has been asserting so time and time again. It did so in the Mullaperiyar case declaring the law enacted by the Kerala legislature to undo the judgement of a 3-judge bench holding that the dam will supposedly remain safe in perpetuity.

The possibility of the dam giving away, endangering the lives of 6million people is real. The judges forget the elementary law that the power to enact a law binding all citizens is exclusively in the province of the legislature, because every citizen is symbolically present in the parliament and the laws it enacts are done so with the consent of the citizens.

The job of a court is to decide the dispute between the parties before it and it’s decision binds only those who are parties before it, either directly or constructively.

I have been stating time and time again that the Constitution is supreme, the fundamental rights are supreme, the law enacted by the Parliament is supreme and judgements of the Supreme Court so far as the parties before it are concerned, are supreme/binding.

We respect the Supreme Court, but it’s judgements so far as those who were not before it are concerned, are not binding at all. What is binding is only the principle, if any, as a precedent in future cases. These are fundamental universal principles.

Unfortunately, “eminent jurists”, today, argue against even the fundamentals. Whether in ignorance of the law or done deliberately to subserve their own interests, one can’t be sure 🤷🏻‍♂