When the government or legislators disagree with a Supreme Court decision, they have options depending on whether the decision is based on the interpretation of a statute or the Constitution. If the decision interprets a statute, the legislature can pass a new law or amend the existing statute to clarify its intent or change the law for the future, effectively addressing the issue raised by the decision. If the decision is based on constitutional interpretation, the legislature can pass a constitutional amendment to alter the relevant part of the Constitution, thereby circumventing the basis of the Court's decision. Both types of legislative action (ordinary law and constitutional amendment) are means by which the legislature can respond to a Supreme Court decision it dislikes. While "challenging" a decision with an ordinary law (especially on constitutional grounds) is inaccurate, passing a law in response to or affecting the subject matter of the decision is a valid legislative function. A constitutional amendment directly alters the constitutional framework on which the decision was based. Option C encompasses both primary legislative tools available.
What option does the government exercise and legislators have when they do not like a decision made by the Supreme Court ?
Asked in APSC CCE Prelims Exam 2018 · Topic: The Governance System (Role of Judiciary in Governance)
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Answer: C. Both are options, pass a constitutional amend‐ ment that circumvents the decision or pass a law challenging the decision
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