Page 22 - Banking Finance December 2023

LEGAL UPDATE

Legal

News

The legislature can pass SC requests that HCs form reports on the progress of the trials
against the politicians in criminal cases
laws, but it cannot directly a bench to oversee crimi- from special lower courts.

overturn a court decision: nal proceedings of legisla- It stated, "The trial courts shall not,
CJI tors. unless for rare and compelling reasons,
adjourn the hearing of the cases
Chief Justice of India D Y Chandrachud In a landmark decision, the Supreme against the members of parliament,
discussed the division of powers among Court ordered all high courts (HC) to MLAs, and MLCs."
the administration, legislature, and form a special bench and file a suo
motu case in order to keep an eye on The CJI stated while delivering the rul-
judiciary. She stated that although the
legislature can pass new legislation to criminal cases that are still outstand- ing that the primary district and ses-
ing against Members of Parliament sions judges will make sure that desig-
"cure the deficiency" in an existing
(MPs) and MLAs and to guarantee nated special courts trying legislators
law, it cannot "directly overrule" a their prompt resolution.
court decision. have access to adequate facilities and
In response to a PIL filed by Ashwini technology.
"Where a court renders a decision,
Upadhyay, asking for the early resolu- The bench was hearing a Public Inter-
there is a boundary between what the
tion of ongoing criminal charges est Litigation (PIL) brought by lawyer
legislative can and cannot do. The leg- against legislators, a bench led by Chief Ashwani Dubey. The PIL sought redress
islature is always free to pass new leg- Justice DY Chandrachud issued a num- such as speedy trials for accused par-
islation to address any shortcomings in ber of directives to high courts and trial liamentarians and the establishment of
the law if a court ruling resolves a spe- courts. special courts nationwide for this pur-
cific issue and the ruling identifies le-
The highest court stated that it would pose, in addition to a lifelong ban on
gal shortcomings.
be challenging to provide trial courts politicians upon conviction in criminal
The legislature is not allowed to de- with consistent rules for the prompt cases.
clare that the ruling is incorrect and resolution of matters involving legisla-
that it should be overturned. The leg- tors. Travel agents instructed to
islature cannot immediately overturn According to the ruling, the high courts settle Covid reimburse-
a court's decision. That is totally unac- will form a special bench to oversee
ceptable. However, if a court adopts a the criminal proceedings of the politi- ments by November
specific interpretation of a law, the cians, which will be chaired by the chief The civil aviation ministry has been
legislature may always fix the issue, he justice or a bench that the chief justice urged by the consumer affairs depart-
stated at the Hindustan Times Leader- designates. According to the state- ment to investigate the practice of
ship Summit. ment, the high courts may request some airlines charging for each seat

20 | 2023 | DECEMBER | BANKING FINANCE