Municipal Corporation Of The City ... vs New Shorock Spg. & Wvg. Co., Ltd., Etc on 17 April, 1970
11. Mr. Mitra has submitted that the alteration of the eligibility criteria by
increasing the percentage of marks and reduction of the number of
7
vacancies is a direct inroad into the judgment of the Hon'ble Division
Bench and the Hon'ble Supreme Court which is clearly not permissible
under the law. It is not a case of removing the basis of the decision
rendered by a competent court but a clear act of disobeying or
disregarding the decisions given by the courts. For the proposition that
the legislature without removing the basis of the decision of court
cannot disobey on disregard decision of court reliance has been placed
on The Municipal Corporation of The City of Ahmedabad & Ors. v.
New Shrock Spg. and Wvg. Co. Ltd. and Ors. 1
"7. This is a strange provision. Prime facie that provision
appears to command the Corporation to refuse to refund the
amount illegally collected despite the orders of this Court and
the High Court. The State of Gujarat was not well advised in
introducing this provision. That provision attempts to make a
direct inroad into the judicial powers of the State. The
legislatures under our Constitution have within the
prescribed limits, powers to make laws prospectively as well
as retrospectively. By exercise of those powers, the
legislature can remove the basis of a decision rendered by a
competent court thereby rendering that decision ineffective.
But no legislature in this country has power to ask the
instrumentalities of the State to disobey or disregard the
decisions given by courts.............".