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The Hindu Explains | Can courts stay laws made by the legislature?


Updated:
January 17, 2021 10:40 IST
What do judicial precedents say, and why is an interim suspension of an Act frowned upon?
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The Supreme Court order staying the implementation of the three contentious farm laws has met with criticism from experts
 
What do judicial precedents say, and why is an interim suspension of an Act frowned upon?
The story so far: The Supreme Court’s recent order staying the implementation of three farm laws, while appointing a four-member committee (one member, Bhupinder Singh Mann, has recused himself), to thrash out issues between agitating farmers and the Union government, has been criticised in some quarters. In particular, many have questioned the suspension of action under the laws as such interim orders are extremely rare. The court did not accept the Attorney General’s argument that laws made by the legislature should not be ordinarily stayed, as there is a presumption of constitutionality ....

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