Nullification Of Court Direction By Legislation Impermissible Without Altering Basis Of Judgment : Supreme Court In ED Director's Case
Live LawWhile holding the extensions given to the term of ED Director Sanjay Kumar Mishra, the Supreme Court reiterated that a legislative act to nullify a judgment, without taking away its basis, is an impermissible exercise.A bench comprising Justices BR Gavai, Vikram Nath and Sanjay Karol noted that ignoring the direction given by the Supreme Court in the 2021 judgment in the case Common Cause. While holding the extensions given to the term of ED Director Sanjay Kumar Mishra, the Supreme Court reiterated that a legislative act to nullify a judgment, without taking away its basis, is an impermissible exercise. A bench comprising Justices BR Gavai, Vikram Nath and Sanjay Karol noted that ignoring the direction given by the Supreme Court in the 2021 judgment in the case Common Cause vs Union of India that SK Mishra should not be given further extensions, the Union Government extended his tenure two times after that, in November 2021 and November 2022. However, bench noted that in the Common Cause judgment, the Supreme Court had acknowledged the power of the Centre to extend the term of the ED Director.
History of this topic
Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC
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Supreme Court Invalidates Extensions Of ED Director SK Mishra's Term; Permits Him To Continue Till July 31
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