COMMON CAUSE : A REGISTERED SOCIETY versus UNION OF INDIA

COMMON CAUSE : A REGISTERED SOCIETY versus UNION OF INDIA

The Lokpal and Lokayuktas Act, 2013 is a workable piece of legislation and must be enforced as enacted. Pending amendments do not constitute any legal hindrance to its enforcement, and vacancies in the Selection Committee do not invalidate appointments. The separation of powers doctrine precludes judicial interference in ongoing legislative amendments.

Parties
Petitioner: Common Cause : A Registered Society; Respondent: Union of India
Jurisdiction
India
Judgment Date
27 April 2017
Procedural Posture
Writ Petition (civil) / Judgment
Outcome
Allowed
Legal Topics
Enforcement of Statutes, Ultra Vires Challenge, Separation of Powers, Judicial Review, Lokpal and Lokayuktas Act
Constitutional Law Administrative Law Enforcement of Statutes Ultra Vires Challenge Separation of Powers Judicial Review Lokpal and Lokayuktas Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Common Cause : A Registered Society

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Judgment

Legal Issues

  1. 1 Whether Rule 10(1) and 10(4)(i) of the Search Committee Rules, 2014 are ultra vires the Lokpal and Lokayuktas Act, 2013
  2. 2 Whether enforcement of the Lokpal and Lokayuktas Act, 2013 can be kept in suspension pending proposed amendments
  3. 3 Legal consequences of vacancies in the Selection Committee for Lokpal appointments

Ratio Decidendi

The Lokpal and Lokayuktas Act, 2013 is a workable piece of legislation and must be enforced as enacted. Pending amendments do not constitute any legal hindrance to its enforcement, and vacancies in the Selection Committee do not invalidate appointments. The separation of powers doctrine precludes judicial interference in ongoing legislative amendments.

Court Disposition

Allowed

Orders

  • Enforcement of the Lokpal and Lokayuktas Act, 2013 is directed; no suspension pending amendments; writ petitions and transferred cases allowed as indicated.