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State Of Tamil Nadu vs Arooran Sugars Ltd on 31 October, 1996

(vi) the consistent thread that runs through all the decisions of this Court is that the legislature cannot directly overrule the decision or make a direction as not binding on it but has power to make the decision ineffective by removing the base on which the decision was rendered, consistent with the law of the Constitution and the legislature must have competence to do the same.” The Court then relied upon State of T.N. vs. Arooran Sugars Ltd.19 to reaffirm the point and noted thus:
Supreme Court of India Cites 40 - Cited by 43 - N P Singh - Full Document

K.C. Gajapati Narayana Deo And Ors. vs The State Of Orissa on 30 January, 1953

“The power of courts to declare a statute unconstitutional is subject to two guiding principles of decision which ought never to be absent from judicial consciousness. One is that courts are concerned only with the power to enact statutes, not with their wisdom. The other is that while unconstitutional exercise of the power by the executive is subject to judicial restraint, the only check upon our own exercise of power by the executive is subject to judicial restraint. For the removal of unwise laws from the statute books appeal lies not to the courts but to the ballot and to the processes of democratic government...” In the Indian constitutional jurisprudence, the above principle has been reckoned by this Court in its early years in 1954 in 14 297 US 1 (1936) 28 K.C. Gajapati Narayan Deo & Ors. vs. The State of Orissa15, wherein the Court observed thus:
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