Case Note & Summary
The writ petition filed under Articles 226 and 227 of the Constitution of India challenged the validity of the Karnataka Registration of Births and Deaths (Amendment) Rules, 2022, which amended Rule 9(3) of the Karnataka Registration of Births and Deaths Rules, 1999. The petitioner, a practicing advocate, contended that the amendment was ultra vires the Registration of Births and Deaths Act, 1969. The dispute arose from a notification dated 18.07.2022 issued by the State Government substituting the words 'a Magistrate of the First Class or a Presidency Magistrate' with 'an Assistant Commissioner (Sub-Divisional Magistrate)' in Rule 9(3), which governed delayed registration of births and deaths beyond one year. Prior to the petition, the Karnataka State Bar Council had submitted a representation to the Government highlighting the unworkability of the amendment, but it went unheeded. The core legal issue was whether the amendment fell within the rule-making power under Section 30 of the Act. The petitioner argued that the parent Act, under Section 13(3), explicitly required a judicial order by a Magistrate for registrations after one year, and the rule-making power could not override this mandate. The Deputy Solicitor General supported this contention, asserting that judicial power could not be transferred to bureaucrats via subordinate legislation. The State defended the amendment by claiming it aligned with practices in other States. The court examined Section 13(3) and Section 30, noting that the rule-making power is delegated legislation and must be intra vires the parent Act. It held that the amendment traveled beyond the scope of the Act and directly conflicted with Section 13(3), which prescribed a specific judicial authority. The court applied the doctrine of ultra vires, holding that the amendment was void. Consequently, the writ petition was allowed, and the impugned notification was quashed, restoring the requirement of a Magistrate's order for delayed registrations.
Headnote
A) Constitutional Law - Delegated Legislation - Ultra Vires - Registration of Births and Deaths Act, 1969, Sections 13(3) and 30 - The amendment to Rule 9(3) substituted the requirement of an order from a Magistrate of the First Class or Presidency Magistrate with an Assistant Commissioner. Held that this exceeded the rule-making power as Section 13(3) specifically mandates a judicial order for delayed registrations beyond one year, and the rule cannot alter the parent Act. The amendment was held ultra vires and quashed. (Paras 8-11)
Issue of Consideration
Whether the Karnataka Registration of Births and Deaths (Amendment) Rules, 2022 amending Rule 9 of the Births and Deaths Rules, 1999 is ultra vires the Registration of Births and Deaths Act, 1969?
Final Decision
The High Court allowed the writ petition and quashed the notification dated 18.07.2022, holding that the Karnataka Registration of Births and Deaths (Amendment) Rules, 2022, amending Rule 9(3) to substitute 'Assistant Commissioner' for 'Magistrate', was ultra vires the Registration of Births and Deaths Act, 1969. The Court held that the amendment exceeded the delegated legislation power and conflicted with the specific provision of Section 13(3) of the Act.
Law Points
- Delegated legislation must be intra vires the parent Act
- Rule-making power under Section 30 cannot override specific mandate of Section 13(3)
- Doctrine of ultra vires
- Judicial function cannot be transferred to executive authority by subordinate legislation
Case Details
2023 LawText (KAR) (04) 16
Writ Petition No. 15800 of 2022 (GM – RES)
Sri P.P. Hegde, Sri Venkatesh Somareddi, Sri B.V. Krishna, Sri H. Shanthi Bhushan
State of Karnataka and others
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Nature of Litigation
Challenge to the validity of the Karnataka Registration of Births and Deaths (Amendment) Rules, 2022, contending it is ultra vires the Registration of Births and Deaths Act, 1969
Remedy Sought
The petitioner, a practicing advocate, sought quashing of the notification dated 18.07.2022 issuing the amendment to Rule 9 of the Karnataka Registration of Births and Deaths Rules, 1999
Filing Reason
The amendment substituted the requirement of a Magistrate of the First Class or Presidency Magistrate for delayed birth/death registrations beyond one year with an Assistant Commissioner, which was claimed to be beyond the rule-making power and conflicted with Section 13(3) of the Act
Previous Decisions
Representation was submitted to the Government by the Karnataka State Bar Council, but no action was taken, leading to the writ petition
Issues
Whether the Karnataka Registration of Births and Deaths (Amendment) Rules, 2022 amending Rule 9 of the Births and Deaths Rules, 1999 is ultra vires the Registration of Births and Deaths Act, 1969?
Submissions/Arguments
The petitioner argued that the amendment was beyond the State Government's rule-making power under Section 30 and ultra vires the Act, as Section 13(3) specifically required a Magistrate's order.
The Deputy Solicitor General of India supported the petitioner, contending that the Rule could not transfer judicial power to an executive authority.
The State Government contended that the amendment was only following the practice of other States and was within the rule-making power.
Ratio Decidendi
The rule-making power under Section 30 of the Act is limited to carrying out the purposes of the Act and cannot override or alter a specific mandate of the parent Act. Where Section 13(3) of the Act explicitly requires registration of births and deaths beyond one year only on an order of a Magistrate of the First Class or Presidency Magistrate, a Rule substituting that authority with an Assistant Commissioner (Sub-Divisional Magistrate) is ultra vires the Act and void.
Judgment Excerpts
The power to make Rules is delegated to the State Governments under Section 30 of the Act. Therefore, the Rules that are made are delegated legislation. Delegated legislation can be challenged before the Courts on the ground that it is ultra vires the parent Act.
Section 13(3) mandates that any birth or death which has not been registered within one year of its occurrence can also be registered and such registration shall happen only after an order by a Magistrate of the First Class or a Presidency Magistrate...
for the words 'a magistrate of the first class or a Presidency Magistrate' the words and brackets 'an Assistant Commissioner (Sub-Divisional Magistrate)' shall be substituted.
Procedural History
The petitioner, an advocate, filed a writ petition under Articles 226 and 227 of the Constitution challenging a notification dated 18.07.2022 amending Rule 9 of the Karnataka Registration of Births and Deaths Rules, 1999. Prior to filing, a representation was made by the Karnataka State Bar Council to the Government, which was not acted upon. The writ petition was heard and reserved for orders on 13.04.2023, and pronounced on 17.04.2023.
Acts & Sections
- Registration of Births and Deaths Act, 1969: 13, 30
