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Govt vs. SC: what happens after a contempt of court?
What would happen if the Govt goes ahead with the quotas without the Supreme Court giving its assent. I know its called a contempt of court, i wanna know what the SC can do in such a case
acsman12...: what do you mean exactly by 'vacated'
5 Answers
- 1 decade agoFavorite Answer
The constitution of India has its checks and balances.That is the three branches,Executive (ie,The President), Legislative (ie,Parliament) and Judiciary (ie,The Hon' Supreme Court) acts as checks for each one of the them.
If the Parliament goes ahead with the quotas,the Supreme Court can strike down the law.This is a scenario which neither the Parliament nor the Court want to see.
In case of arbitration,ie dispute,The Hon' Supreme Court is the final authority under the constitution of India.
The Parliament had tried to exclude certain laws from the preview of Judiciary by including the laws under the Ninth Schedule but the supreme court recently struck that law down.
- 1 decade ago
Laws are being made in the Parliament strictly maintaining the spirit and directives of our Constitution. The judiciary is to implement such laws. The Judiciary cannot ask the Parliament NOT to make any law IF,HOWEVER, such making of laws do not jeopardise the Constitutional dictate.
Parliament, as such, cannot overrun the already formulated laws and if they do so, the judiciary should proceed against such violation. IT IS, THEREFORE, THE PRIMARY RESPONSIBILITY OF THE PARLIAMENT TO SEE THAT NO CONSTITUTIONAL CRISIS IS CREATED BY THEM FOR ANY REASON OR SITUATION WHAT SO EVER.
During British period, when the Parliament had wanted to override the established laws and did not listen to the Court's verdict (and thereby creating Constitutional crisis), all the members of Judiciary had resigned in protest. The Vice Royce had to interfere and set right the matter once and for all.
Source(s): Retired Banker. - BrahmandaLv 71 decade ago
The court is helpless against the government which does not observe the sanctity of Law. The parliament and prime minister have contempt on the supreme court .In fact they have been warning supreme court to keep with in limits other wise be prepared to face the consequences.
- Anonymous1 decade ago
The courts get vacated.
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- 1 decade ago
nobody is greater then law , common man &prime minister or ministers are equal agaist law & law is suprime court .