Jharkhand High Court Strikes Down Law Allowing State to Cancel Registrations on 'Public Policy' Grounds

Jharkhand High Court Strikes Down Law Allowing State to Cancel Registrations on 'Public Policy' Grounds

The Jharkhand High Court struck down Section 22-A of the Registration Act, introduced via Bihar Amendment Act 6 of 1991 and adopted by Jharkhand, which allowed the state to invalidate registrations on vague "public policy" grounds. 

Citing the Supreme Court’s 2005 Basant Nahata judgment, the court ruled the provision unconstitutional for violating Articles 14 and 246, stressing that interpreting "public policy" lies with the judiciary, not the executive.

The 2015 notification issued under this provision was also quashed.

All actions taken by Sub-Registrars under this rule now stand void, granting relief to the petitioners, including Chotanagpur Diocesan Trust Association (CNDTA). 

Judgement copy / 10 months ago

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