Lawstreet Journal

To Do Complete Justice Under Art 142, Not Necessary to Refer to Facts to Decide Pure Questions of Law: SC [READ ORDER]

Lawstreet Journal 12 May 2020 6:31pm

Image courtesy: Lawstreet Journal Judiciary To Do Complete Justice Under Art 142, Not Necessary to Refer to Facts to Decide Pure Questions of Law: SC [READ ORDER]

A nine-Judge Bench of the Supreme Court headed by CJI had reserved its order on the maintainability of the reference of a question of law to a larger bench in a review petition of Sabarimala judgment on February 06, 2020, and for which order pronounced on February 10, 2020. 

On May 11, 2020, the SC has given a detailed explanation for its order. 

The Order authored by CJI held that there is no fetter on the exercise of discretion of the Supreme Court in referring questions of law to a larger bench in review petitions. Being a superior court of record, it is for the SC to consider whether any matter falls within its jurisdiction or not. Unlike a Court of limited jurisdiction, the Superior Court of record is entitled to determine for itself questions about its own jurisdiction. 

It was also held that “no matter is beyond the jurisdiction of a superior Court of record unless it is expressly shown to be so, under the provisions of the Constitution.” 

Background of the matter: 

In the matter of Indian Young Lawyers Association and Ors. v. The State of KeralaandOrs. (famously Sabrimala judgment) ((2019) 11 SCC 1) the validity of Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965 was challenged and direction was sought to permit female devotees between the ages of 10 to 50 years to enter the Sabarimala temple without any restrictions. 

A Constitution Bench headed by CJI Dipak Misra, and comprising A.M. Khanwilkar, Rohinton Fali Nariman, Dr. D.Y. Chandrachud… Continue Reading...

Tagged: Sabarimala Temple   Sabarimala Ayyappa temple   Sabarimala   sabarimala temple  
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