JUDGMENT :

A.M. Khanwilkar, J.

1. The Indian Constitution ordains a structure of governance wherein the three organs of the State are entrusted with independent functions. The Legislature legislates on the law, the Executive puts the law into execution and the Judiciary being the sentinel on the qui vive reviews and enforces the law in light of its primary role as the guardian of the Constitution. Thus, we the people of India have embraced a system of separation of powers for securing checks and balances. Consequently, in day-to-day functioning of the government institutions many a times a perception emerges about the “overstepping” between three organs. Similar grievance has been made in the case at hand. The extent and manner in which the basis of a judicial determination of unconstitutionality of a legislation could be altered by the legislature by subsequently enacting a validating or reviving legislation, without overstepping on the jurisdiction of the constitutional Court, is the pivotal issue in this case.

FACTS IN BRIEF

2. The present case is outcome of a long chain of proceedings at different forums. Traversing the entire storyline may not be relevant for the determination of