CAPF Bill introduced in parliament; allows Centre to override court orders on recruitment through notifications

Ordinarily, court judgments are overridden through legislation, not executive action. Parliament can enact a new law or amend an existing one to remove the legal basis of a judgment. This is done by curing the defect identified by the court. Once the underlying law is changed, the judgment loses its force prospectively.

However, the executive cannot directly override a judgment through notifications or rules. Subordinate legislation must operate within the parent statute and remain consistent with binding judicial decisions.

The provision in question states:

“Notwithstanding anything contained in any other law for the time being in force, or in— (a) any judgment, decree or order…

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