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Supreme Court of India 2021-09-27 allowed

Saregama India Limited vs Next Radio Limited & Ors

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

Saregama India and music broadcasting companies challenged a High Court interim order that had modified Rule 29(4) of the Copyright Rules 2013. The High Court had allowed broadcasters to provide details of copyrighted broadcasts within 15 days after transmission, instead of complying with the strict 24-hour post-facto requirement for unforeseen circumstances. The Supreme Court held that judicial redrafting of statutory or delegated legislation is impermissible, even at interim stages and even when practical difficulties arise. Courts can invalidate rules if unconstitutional or contrary to the governing statute, but cannot rewrite them. The Court allowed the appeals, setting aside the interim order while reserving judgment on the substantive merits of the constitutional challenge.

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Copyright Law Administrative Law Statutory Interpretation Judicial Review Delegated Legislation Intellectual Property

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