The government has said that the Supreme Court can make as many orders as it wants, but Parliament has the right to reverse those decisions. Attorney General KK Venugopal said this during the hearing of a case on Thursday. In this case, the Madras Bar Association has challenged Sections 12 and 13 of the Tribunal Reforms (Rationalizations and Conditions of Service) Ordinance 2021 and Sections 184 and 186 (2) of the Finance Act 2017.
A major point of contention during the hearing was that if Section 184 (11) of the Finance Act was applied retrospectively (from backdate) on a case, would it be in contravention of the Supreme Court’s decisions. On this, Justice Hemant Gupta said to the Central Government: If you are passing a law, does it not invalidate the decisions of this court? To this, the Attorney General said, “Sir, I am sorry to inform you, but whatever orders you pass, Parliament can say that your decisions are not in the interest of the country and it can make laws accordingly.”
On this, Justice Rabindra Bhatt said that despite this, Parliament cannot decide which order passed by the court is to be implemented and which is not. ..If you are saying that we cannot repeal a law, then it will be known in the pre-Marbury period. We sometimes limit a law, or justify it, or even repeal it. Every branch is doing the job of interpreting the constitution. If the court says that a law is not constitutional, then it is not constitutional.
In the midst of the debate, Justice L Nageswara Rao also expressed the same concerns as his colleagues and said that if the central government loses a case, it cannot be a matter of passing a law.
It is noteworthy that this is the second consecutive day when the Central Government and the Supreme Court are standing face to face. Just yesterday, while hearing the suo moto of the Covid vaccine case, had made a serious comment on the Center that if human rights are being violated then the court cannot keep watching silently. This was not even thought of in the Constitution. This statement of the Supreme Court is being seen in connection with the statement of the Central Government when it had said a few days ago that the judiciary should keep itself away from executive decisions.