Writ Courts Can Strike Down Subordinate Legislation Violating Fundamental Rights: Supreme Court

The Supreme Court has upheld that Writ Courts can suo motu strike down subordinate legislation if it violates fundamental rights, even without a formal challenge. The judgment emphasized that such action, though rare, is within the Constitutional Courts' powers.

A divisional bench dismissed an appeal challenging the Patna High Court's suo motu decision to strike down the Bihar Chaukidari Cadre (Amendment) Rules, 2014. The rule allowed retiring chowkidars to nominate kin for government jobs.

The Court held that the High Court had acted rightly in declaring the rule violative of Articles 14 and 16 of the Constitution.