SUDARSHAN V. BIRADAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question a notification dtd. 18/7/2022 issued by the State Government in exercise of its powers under the Registration of Births and Deaths Act, 1969 ('the Act' for short) contending that the amendment is ultra vires the Act.

(2.) Shorn of unnecessary details, facts in brief, necessary for the resolution in the lis, are as follows:

(3.) On 18/7/2022, the Government of Karnataka brings in an amendment to Rule 9 of the Rules of 1999 substituting the words 'a Magistrate of First Class or a Presidency Magistrate' to that of an 'Assistant Commissioner (Sub-Divisional Magistrate)'. Protest erupted on this amendment contending that a power that was given to the judiciary is taken away and laid at the hands of the Revenue Authorities. Representation is also submitted to the Government by the Karnataka State Bar Council seeking deletion of the amendment or withdrawal of the amendment. Reasons were indicated in the representation as to why the amendment was unworkable. When the State did not heed to the representation of the Karnataka State Bar Council, an Advocate has presented the subject petition contending that the amendment Act runs counter to the parent Act and is therefore, ultra vires the parent Act and to be quashed on account of it being unconstitutional.