Nandini Sundar vs State Of Chattisgarh - Contempt Of Court - Legislation

Contempt of Court - Legislation -The promulgation simpliciter of an enactment is only an expression of the legislative function and cannot be said to be an act in contempt of a Court unless it is first established that the statute so enacted is bad in law constitutionally or otherwise. (para 16) The interpretative power of a Constitutional Court does not contemplate a situation of declaring exercise of legislative functions and passing of an enactment as an instance of a contempt of a Court- Any law made by the Parliament or a State legislature cannot be held to be an act of contempt of a Court, including this Court, for simply making the law. A legislature has, inter alia, the powers to pass a law, to remove the basis of a judgment or in the alternative, validate a law which has been struck down by a Constitutional Court by amending or varying it so as to give effect to the judgment of a Constitutional Court which has struck down a portion of an enactment or for that matter the entire enactment- Any piece of legislation enacted by a legislature can be assailed within the manner known to law and that is by mounting a challenge against its validity on the twin prongs of legislative competence or constitutional validity. (Para 14) [Context: SC dismissed contempt petition against State of Chhattisgarh for enactment of Chhattisgarh Auxiliary Armed Police Force Act, 2011 ]