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There should not be judicial redrafting of law: SC

Team SoOLEGAL 2 Jan 2017 11:00pm

There should not be judicial redrafting of law: SC

No form of government is perfect but these imperfections cannot be remedied by "judicial redrafting" of a legislative provision, the Supreme Court, in its minority verdict, today said while holding that the term "his religion" meant the faith of candidates only in the election law.

The seven-judge bench, in a majority 4:3 verdict, took a view that term included candidates, appealing for votes on the basis of religion, caste and other issues from politics and their agents and voters as well.

"No form of government is perfect. The actual unfolding of democracy and the working of a democratic constitution may suffer from imperfections. But these imperfections cannot be attended to by an exercise of judicial redrafting of a legislative provision. Hence, we hold that there is no necessity for this court to take a view at variance with what has been laid down," Justice D Y Chandrachud, who wrote the minority verdict, said.

Justice Chandrachud, writing for himself, Justices A K Goel and U U Lalit, said that Parliament has been cognisant of the provisions in question and the court should not resort to judicial redrafting of a statutory provision as no form of governance is perfect.

"Despite this, the provision has remained untouched though several others have undergone a change. In the meantime, elections have been held successfully, governments have changed and majorities have been altered in the house of Indian democracy.

"There is merit in ensuring a continuity of judicial precedent. The interpretation which has earlier been placed on Section 123(3) is correct and certainly does not suffer from manifest error," he said.

Dealing further, the minority verdict said that no form of government is perfect and the actual unfolding of democracy and the working of a democratic constitution may suffer from imperfections.

"But these imperfections cannot be attended to by an exercise of judicial redrafting of a legislative provision.

Hence, we hold that there is no necessity for this court to take a view at variance with what has been laid down," he said in his 55-page dissenting judgement.

The minority verdict held that the earlier view that his religion meant the religion of candidates only did not suffer from any "manifest error".

 

Source: PTI



Tagged: judicial redrafting   SC  
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