Goa Foundation & another vs State of Goa

 Goa Foundation & another vs State of Goa - Supreme Court Important Judgment 2016 - 

 

On 29th March, 2016, in the case of Goa Foundation & another vs State of Goa & another [Writ Petition (Civil) No.131 of 2009], while dwelling on the competence of the State Legislature to enact the State Amendment Act in view of an earlier decision of this Court, it was held that “the power to invalidate a legislative or executive act lies with the Court. A judicial pronouncement, either declaratory or conferring rights on the citizens cannot be set at naught by a subsequent legislative act for that would amount to an encroachment on the judicial powers. However, the legislature would be competent to pass an amending or a validating act, if deemed fit, with retrospective effect removing the basis of the decision of the Court. Even in such a situation the courts may not approve a retrospective deprivation of accrued rights arising from a judgment by means of a subsequent legislation. However, where the Court’s judgment is purely declaratory, the courts will lean in support of the legislative power to remove the basis of a Court judgment even retrospectively, paving the way for a restoration of the status quo ante.

Though the consequence may appear to be an exercise to overcome the judicial pronouncement it is so only at first blush; a closer scrutiny would confer legitimacy on such an exercise as the same is a normal adjunct of the legislative power.”

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