SC vs Centre/State

kashmir

please throw some light :-
Q1) there is this news that MOEF issued a notification i.e to start jallikattu again ...if we see SC year back ordered a ban on the sport...so Govt can over power SC orders???
just now there was a news that if state govt issues ordinance for the same there wont be any problem. hows it all possible??
Q2)also there was this mercy petition thing where even HC can override SC power....
Q3)and there ws this jailalita case where she went from one court to another HC...all of this which article allows it? and its against giving respect/honour to parallel court's justice given/ruling hows this provision in the constitution?? i remember one provision where one can go from one bench to another bench within the same court.

kashmir

hello guys!!!

kashmir

before this thread goes to next page and becomes invisible can anyone reply??
@Sleeplessnights_89 @Teddy @Neyawn @Etat

Achcontender

1).Govt. at union or state level can go for ordinance route via art.123&213 respectively,to disagree or overrule sc verdict.which sc can again review(state of Bihar wala case).to analyse wrt art13 n can again overrule it.

kashmir

please throw some light :-
Q1) there is this news that MOEF issued a notification i.e to start jallikattu again ...if we see SC year back ordered a ban on the sport...so Govt can over power SC orders???
just now there was a news that if state govt issues ordinance for the same there wont be any problem. hows it all possible??
Q2)also there was this mercy petition thing where even HC can override SC power....
Q3)and there ws this jailalita case where she went from one court to another HC...all of this which article allows it? and its against giving respect/honour to parallel court's justice given/ruling hows this provision in the constitution?? i remember one provision where one can go from one bench to another bench within the same court.

1.No govt can't issue a notification to nullify SC order(can only do so by legislation).(read yesterdays news paper given in detail )

2.Mercy Petition is related to President/Governor ...I couldn't understand what exactly u want to ask?
Please do give reference and context of the question being asked.

3.Here also I couldn't understand what u want to ask still High Court can transfer a case from lower court to itself under Article 228.
SC can transfer a case from a HC to another HC under article 139A.

I don't have much information on this but as far as I know if there is any substantive question of law related to case then a small bench may transfer case to larger bench of the same HC /SC ( procedure realated to this may be given in Civil/Criminal Procedure Code.)

ok but then can an ordinance nullify this order? i think so because ordinance is also a temporary legislation only..

well for mercy petition...somebody filed review petition in another high court after supreme court rejected it, i dont remember the case now..