Please Log in / Register to access the full text of this judgment and the entire database
(2025) Law Today Live Doc. Id. 19892 = 2025 INSC 212 = AIR 2025 SC 1335 = (2025) 4 SCC 127
Decided on: 13.02.2025
Alongwith
SLP(Civil) No(s). 4596-4597 of 2024
And
Diary No. 27613/2024
A. Constitution of India, Article 245 -- functus officio -- Rule-making power of the legislature cannot be curtailed or nullified by application of the concept of functus officio -- The principle of functus officio normally applies to a judicial forum or a quasi-judicial authority and would have no application to the rule-making authority which is within the domain of the State Government by virtue of Article 245 of the Constitution of India.
(Para 42)
B. Constitution of India, Article 14, 226, 245 -- Statutory rules – Rule of natural justice – Opportunity of hearing – Requirement of -- It is a well-settled principle of law that while administrative actions and statutory rules that impact citizens’ rights are subject to judicial review, the notion that the State must provide a prior hearing to affected individuals during the exercise of its rule-making power is fundamentally flawed.
(Para 45)