By an order made on the 26th April, 1954, under the proviso to sub article (3) of article 145 that Bench accordingly referred the following question for the opinion of the Constitution Bench, namely: "What is the effect of the declaration in The State of Bombay and Another vs F. N. Balsara (supra) that clause (b) of section 13 of the Bombay Prohibition Act, 1949, is void, under article 13(1) of the Constitution, in so far as it affects the consumption or use of liquid medicinal or toilet preparations containing alcohol, on the ground that it infringes article 19(1)(f) of the Constitution?" The effect of a judicial declaration of a statute as unconstitutional has been stated by Field J. in Norton vs Shelby County(1) to be that the statute is no law and that, in legal contemplation, it is to be treated as inoperative as though it had never been passed.