Can we criticize Supreme Court judgement?
“We have always accepted that the decisions of courts can be criticised, including in language which may be impolite. So the decisions can be criticised.
Can you criticize a judge in India?
It is sufficient if it tends to scandalise or tends to lower the authority of the court. Section 5 of the Act provides that “fair criticism” or “fair comment” on the merits of a finally decided case would not amount to contempt. But the determination of what is “fair” is left to the interpretation of judges.
What is Article 215 of the Constitution of India?
Central Government Act. Article 215 in The Constitution Of India 1949. 215. High Courts to be courts of record Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.
Who can overturn a Supreme Court decision in India?
Under Article 217(1) of the Constitution, the President with a consultation with the Governor of the State, the Chief Justice of India and the Chief Justice of the State. The President also has the power to rectify the judgment dictated by the court.
Is criticism allowed in Indian Constitution?
160 of 2020 held quite explicitly, elegantly and effectively that criticism of the government must be protected from criminal prosecution under charges of hate speech or public mischief while outlining the contours of hate speech and freedom of expression. …
What amounts to contempt of court in India?
In India, the offence of contempt of court is committed when a person either disobeys a court order (civil contempt), or when a person says or does anything that scandalizes, prejudices, or interferes with judicial proceedings and the administration of justice (criminal contempt).
Can Supreme Court revoke a law?
The Constitution of India provides that the Supreme Court may review and revoke the law made by Parliament and if there is no law on a particular issue, the Supreme Court’s decision is considered law of the land.
Can the Supreme Court of India review its own judgement?
State of Haryana [1] The powers of the Supreme Court to review its own judgements are elaborated in the article 137 of the Constitution of India. This of course has to be read with the provisions of any law made by Parliament or any rule made under article 145 of the constitution [2] .
What did the Supreme Court of India decide in Kavita Kanwar case?
The Supreme Court of India recently delivered a significant and exhaustive judgment on the debatable issues surrounding the execution of a Will and grant of probate in the matters of testamentary succession under the Indian Succession Act, 1925 9 ( Kavita Kanwar v. Mrs Pamela Mehta & Others ).
Is the Supreme Court binding on all courts in India?
Binding on all courts: The words ‘binding on all courts in India’ though wide enough to include the Supreme Court, do not include the Supreme Court itself, as it is not bound by its own judgments but is free to re-consider them in appropriate cases.
What are the grounds for a review of a court judgment?
Such a situation is not absolute or really obvious. So there wouldn’t naturally be a ground for “review”. The normal rule is that the judgment by the Supreme Court is final. A departure from the principle can be justified only when circumstances of a substantial and compelling character makes it necessary to do so [ 7] .