Topic

Separation of Powers

Separation of powers in Indian law refers to the constitutional division of functions among the legislature, executive, and judiciary to prevent concentration of authority.

10 articlesLatest 6 days ago
Legislature Cannot Validate Recruitment Annulled for Corruption | Karnataka Validation Act 2022 Struck Down : SC
Case Law Analysis
|Supreme Court of India

Legislature Cannot Validate Recruitment Annulled for Corruption | Karnataka Validation Act 2022 Struck Down : SC

The Court held that legislative validation cannot cure a recruitment process vitiated by systemic corruption and nepotism once a constitutional court has annulled it, as this would violate separation of powers. The 2022 Karnataka Act attempting to revive the 2011 Gazetted Probationers recruitment was struck down, with directions for fresh recruitment granting age relaxation to untainted candidates.

Proviso to Section 6(1) Struck Down: Minister-in-Charge Appeal Violates Institutional Impartiality | Arunachal Pradesh Defection Act : Gauhati HC
Case Law Analysis
|Gauhati High Court

Proviso to Section 6(1) Struck Down: Minister-in-Charge Appeal Violates Institutional Impartiality | Arunachal Pradesh Defection Act : Gauhati HC

The court upheld appeals to the Chief Secretary but invalidated the proviso routing appeals to the Minister-in-Charge when the Chief Secretary doubles as State Election Commissioner, ruling that a constitutional authority exercising statutory powers cannot claim immunity from legislative oversight. This preserves the State Election Commission's quasi-judicial independence in municipal defection cases.

Delimitation Act Section 9(1)(c) | Reservation of SC/ST Constituencies Based on Population Proportion Upheld as Non-Arbitrary : Allahabad HC
Case Law Analysis
|Allahabad High Court

Delimitation Act Section 9(1)(c) | Reservation of SC/ST Constituencies Based on Population Proportion Upheld as Non-Arbitrary : Allahabad HC

Allahabad High Court ruled that the methodology under Section 9(1)(c) of the Delimitation Act, 2002, for reserving SC/ST constituencies based on population proportion is constitutionally valid and not arbitrary. The judgment reinforces judicial deference to legislative policy in electoral reservation matters, impacting future delimitation exercises.

Section 31 JJ Act | Transfer of Adoption Authority from Court to District Magistrate Not Violative of Article 14, 21 or Separation of Powers : Bombay HC
Case Law Analysis
|Bombay High Court

Section 31 JJ Act | Transfer of Adoption Authority from Court to District Magistrate Not Violative of Article 14, 21 or Separation of Powers : Bombay HC

The Bombay High Court upheld the 2021 amendment shifting adoption authority from courts to District Magistrates under the Juvenile Justice Act, finding that CARA’s 2022 Rules provide sufficient procedural safeguards to protect child welfare and maintain constitutional balance. This ruling reinforces the executive’s role in child adoption processes while affirming that delegation of quasi-judicial functions does not inherently breach separation of powers or fundamental rights.