Supreme Court Affirms Writ Courts' Suo Motu Power to Strike Down Unconstitutional Subordinate Legislation
Supreme Court Affirms Writ Courts' Suo Motu Power to Strike Down Unconstitutional Subordinate Legislation By: AbhishekJat, Advocate In a landmark judgment delivered on April 2, 2025, the Supreme Court of India has upheld the power of writ courts to exercise suo motu authority to invalidate subordinate legislation that contravenes fundamental rights or binding precedents. The bench comprising Justices Dipankar Datta and Manmohan elucidated this significant principle while dismissing a Special Leave Petition in the case of Bihar Rajya Dafadar Chaukidar Panchayat (Magadh Division) v. State of Bihar . Background of the Case The controversy originated from the Bihar Chaukidari Cadre (Amendment) Rules, 2014, specifically regarding a provision that permitted retiring village watchmen (chaukidars) to nominate their dependent family members for appointment to the same position. The Patna High Court, while adjudicating an appeal filed by an aggrieved applicant whose application for s...