The Nature of Judicial Power: Hon’ble Justice B.V. Nagarathna

Posted on by Rudrajyoti Nath Ray

Tirath Ram Rajindra Nath, Lucknow v. State of U.P., AIR 1973 SC 405 held, there is a distinction between encroachment on judicial power and nullification of effect of a judicial decision by changing law retrospectively. The former is outside competence of Legislature. The latter is within its permissible limits.

It would be permissible for Legislature to remove a defect in an earlier legislation pointed out by a Constitutional Court. The defect can be removed both retrospectively and prospectively.  

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The Assam Rural Health Regulatory Authority Act, 2004 enacted by Assam State Legislature, on 18.09.2004, is liable to be set aside. The Assam Community Professional (Registration and Competency) Act, 2015 is not in conflict with The Indian Medical Council Act, 1956 and is within legislative competence of State Legislature. Transferred Case (C) Nos. 24 and 25 of 2018 are liable to be dismissed and are accordingly dismissed.

– Hon’ble Justice B.V. Nagarathna, Sudipta Sahu v. State of Assam, [Transferred Case (Civil) No. 24 of 2018] & Satpal Nayak v. State of Assam, [Transferred Case (Civil) No. 25 of 2018].

WS

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