The State Act, which has the effect of annulling the awards which have become ‘Rules of Court’, is a transgression on the judicial functions of the State and therefore, violative of doctrine of “separation of powers”, the State Act is liable to be declared unconstitutional – The Secretary to Govt. of Kerala, Irrigation Department and Others Vs. James Varghese and Others – Supreme Court
Hon’ble Supreme Court held that since the State Act is referable to Entry 13 of List III of the Seventh Schedule to the Constitution of India, it is within the competence of the State Legislature. The question that will have to be considered is whether it is an attempt to interfere with the judicial process. The State Act, which has the effect of annulling the awards which have become “Rules of Court”, is a transgression on the judicial functions of the State and therefore, violative of doctrine of “separation of powers”. As such, the State Act is liable to be declared unconstitutional on this count. As already discussed hereinabove, what has been done by the State Act, is annulling the awards and the judgments and decrees passed by the court vide which the awards were made “Rule of Court”. As such, the rights which accrued to the parties much prior to the enactment of the State Act have been sought to be taken away by it. Though, elaborate arguments have been advanced before us on various other issues, since we have held that the State Act is liable to be held unconstitutional on the ground of encroachment upon the judicial powers of the State, we do not find it necessary to deal with the submissions made on behalf of the parties with regard to other issues.
