Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India: Articles 14 50 and 213 (1) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of India:Articles 14, 50 and 213 (1) – Principle of ‘Separation ofPowers’ – Admission of 180 students to MBBS course were quashedby Admission Supervisory Committee – The order was affirmed byHigh Court as well as Supreme Court – State Government thereafternotified Ordinance whereby it sought to regularise the admission ofthose 180 students – Writ petition challenging the Ordinance on theground that the Ordinance amounted to nullifying the judgments/orders of the Court – Held: The impugned Ordinance is clearentrenchment upon the field of judicial review which is reserved forjudiciary – Provisions in the Ordinance were in violation of thedoctrine of separation of powers enshrined under Art. 50 –Ordinance is not only impermissible and beyond legislativecompetence of the State, it also had the effect of perpetuatingillegality and arbitrariness committed by the College in question innot following the mandate of law laid down by the Court –Independence of judiciary is fundamental to the rule of law – Alegislation can be invalidated on the basis of breach of separationof judicial power since such breach is negation of equality providedu/Art. 14 – There cannot be an attempt to interfere with the judicialprocess – Law which interferes with the judicial process may beinvalidated – The Ordinance is ultra vires and entrenchment uponthe field earmarked for judiciary, as it sought to nullify judgmentsof the Court.Art. 141 – Judgment – Binding effect of – Held: If an Orderrefusing to grant leave to appeal is by speaking order, it is adeclaration of law within the meaning of Art. 141 – Whatever isstated in the order, other than law, are the findings of the Courtwhich would bind the parties and also the Court, Tribunal orAuthority – Precedent. |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2018 INSC 810 |
Petitioner | Medical Council Of India |
Respondent | State Of Kerala & Ors. |
SCR | [2018] 10 S.C.R. 213 |
Judgement Date | 2018-09-12 |
Case Number | 231 |
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