Legislature can render a judicial decision ineffective by enacting a valid law on the subject within its legislative field by removing the 'basis' on which the decision was rendered.
Legislature cannot by a bare declaration, without more, directly overrule, reverse or override a judicial decision. But, it may, at any time in exercise of the plenary powers conferred on it by Art. 245 and 246 of the Constitution of India, render a judicial decision ineffective by enacting a valid law on a topic within its legislative field fundamentally altering or changing with retrospective, curative or neutralizing effect, the conditions on which such decision is based.
- Goa Foundation v. State of Goa (2016) 6 SCC 602
- Royal Medical Trust v. Union of India (2015) 10 SCC 19 [ Three Judge Bench]
- Goa Glass Fibre Limited v. State of Goa (2010) 6 SCC 499 (para 28)
- State of Orissa v. Bhupendra Kumar Bose AIR 1962 Sc 945 [Five Judge Bench]
- S S Bola v. B.D Sardana AIR 1997 SC 3127 [Three Judge Bench]
- M/s. Uttakal Contractors and Joinery (P) Ltd. v. State of Orissa AIR 1987 SC 2310
- I N Saksena v. State of MP AIR 1976 Sc 2250
