Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | re-writing statutory language Writ jurisdiction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India: Art. 226 – Writ jurisdiction, scope of – Judicial rewriting, permissibility – Held: Writ court is entrusted by the Constitution of the power of judicial review – In the discharge of its mandate, the court may evaluate the validity of a legislation or rules made under it – However, the court in exercise of judicial review cannot supplant the terms of the provision through judicial interpretation by re-writing statutory language – In the instant case, High Court by interim order modified the operation of Rule 29 of the Copyright Rules by stipulating that the particulars which are to be furnished in the notice may be furnished within a period of fifteen days after the broadcast – According to Rule 29, the broadcasting organisation shall give notice of fifteen days before broadcasting, exception provides that in unforeseen circumstances, notice shall be given twenty four hours after the broadcasting – The interim order converted the second proviso into a “routine procedure” instead of an exception (as the High Court has described its direction) that notice shall be given fifteen days after the broadcast – This exercise by the High Court amounts to re-writing – Such an exercise of judicial redrafting of legislation or delegated legislation cannot be carried out – An exercise of judicial rewriting of a statutory rule by High Court in exercise of jurisdiction under Art.226 particularly in interlocutory proceedings is not warranted – Copyright Rules, 2013 – r.29 (4) – Interlocutory order. Judicial review: Scope of – Held: Court in exercise of judicial review cannot supplant the terms of the provision through judicial interpretation by re-writing statutory language – Draftsmanship is a function entrusted to the legislature – Craftsmanship on the judicial side cannot transgress into the legislative domain by re-writing the words of a statute – For then, the judicial craft enters the forbidden domain of a legislative draftInterpretation of statutes: It is a settled principle of law that when the words of a statute are clear and unambiguous, it is not permissible for the court to read words into the statute. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2021 INSC 554 |
Petitioner | Saregama India Limited |
Respondent | Next Radio Limited & Ors. |
SCR | [2021] 9 S.C.R. 137 |
Judgement Date | 2021-09-27 |
Case Number | 5985 |
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