Monday 17 July 2023

Whether the legislature can set aside an individual decision inter partes by enacting legislation?

 It could thus be clearly seen that the Constitution Bench of learned Seven Judges of this Court clearly held that by a subsequent enactment, the writ of mandamus issued by the Calcutta High Court crystalizing the rights and liabilities between the parties cannot be annulled.{Para 108}

 109. It will also be apposite to refer to the following observation of the Constitution Bench of this Court in the case of Cauvery Water Disputes Tribunal, Re. (supra), which reads thus:

76. The principle which emerges from these authorities is that the legislature can change the basis on which a decision is given by the Court and thus change the law in general, which will affect a class of persons and events at large. It cannot, however, set aside an individual decision inter partes and affect their rights and liabilities alone. Such an act on the part of the legislature amounts to exercising the judicial power of the State and to functioning as an appellate court or tribunal.


Writ Petition (Civil) Nos. 456 of 2022, 

Decided On: 11.07.2023

Jaya Thakur  Vs. Union of India (UOI) and Ors.

Hon'ble Judges/Coram:

B.R. Gavai, Vikram Nath and Sanjay Karol, JJ.

Author: B.R. Gavai, J.

Citation: MANU/SC/0756/2023.

Read full Judgment here: Click here.

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