AIR 2003 SUPREME COURT 2363 ::2003 AIR SCW 2353 ::(2003) 3 MahLR 797 ::(2003) 3 Supreme 93 ::2003 (4) SCC 399 ::2003 (3) Scale 263 ::(2003) 2 KHCACJ 674 (SC) ::2003 (2) KHCACJ 674 ::(2003) 2 SCR 1136 (SC) ::2003 (2) LRI 13 ::2003 (2) SLT 694 ::2003 (3) Supreme 93 ::(2003) 5 AllIndCas 853 (SC) ::2003 (5) AllIndCas 853 ::2003 (5) SRJ 197 ::(2003) 2 JT 528 (SC)

Supreme Court Of India

Hon'ble Judge(s): M. B. Shah, P. Venkatarama Reddi, D. M. Dharmadhikari , JJJ

(A) Constitution of India , Art.245— Legislature - Powers of Legislature cannot ask instrumentalities of State to disobey decisions given by Court. Per Shah, J. (D. M. Dharmadhikari J. Concurring) :- The legislature can remove the basis of a decision rendered by a competent Court thereby rendering that decision ineffective but the legislature has no power to ask the instrumentalities of the State to disobey or disregard the decisions given by the Court. A declaration that an order made by a Court of law is void is normally a part of the judicial function. Legislature cannot declare that decision rendered by the Court is not binding or is of no effect. It is true that legislature is entitled to change the law with retrospective effect which forms the basis of a judicial decision. This exercise of power is subject to constitutional provision, therefore, it cannot enact a law which is violative of fundamental right. (Para 9 39 81 137) (B) Constitution of India , Art.19(1)(a)— Representation of The People Act (43 of 1950) , S.1— Freedom of speech and expression - Voters right to know antecedents of contesting candidates - Is a facet of Art. 19(1)(a) - Such disclosure is necessary for surviva....