Like India, can the American Parliament also change the court’s decision? See what’s the matter? The court has put a stay on the American decision related to citizenship. So will the American Parliament also change the decision of the court case like the Indian Parliament? After taking oath as the 47th President of America, Donald Trump has taken tough decisions one after the other. One of those decisions is birthright citizenship.
Prohibition on granting citizenship on the basis of birth
The court has declared this decision of President Donald Trump unconstitutional. And this decision has been temporarily stopped. Importantly, Donald Trump has ordered a ban on granting citizenship on the basis of birth in the United States. The law granting citizenship has been repealed. So now the court has put a stay, can the American Parliament also change the decision of the court case like the Indian Parliament.
This decision can be changed after amending the Constitution.
According to the Indian Constitution, Parliament has the right to make laws. But they cannot directly overturn the decision of the judiciary. That means, if the Supreme Court declares a law unconstitutional, it cannot be changed immediately in the Parliament. But this decision can be changed after amendment in the Constitution. But amid all this, it seems impossible to work on all these aspects in America.
What is the process of changing the decision?
Under the US Constitution, the Supreme Court has the power of final constitutional interpretation. And now if the US Parliament wants to change any decision of the court, then this is a tough challenge for it. In all these cases, Parliament will have to amend the Constitution. Or some new law will have to be implemented. The United States Parliament called on Congress to revise the Constitution. The amendment must be passed with a two-thirds majority in both houses. After which it is very important to have consensus on this research in three-fourths of the state.
So if we talk about a new law in this regard, then if the US Parliament passes a new law. And if the Supreme Court does not find this law constitutional then it can be cancelled. American birthrights are given under Article 14. And if the US Parliament wants to change the court’s decision, then it will first have to adopt the process of amending Article 14.
