Supreme Court Seeks Union's Response On Challenge To Amendment Allowing Executive Magistrates To Validate Delayed Birth/Death Certificates
The Supreme Court, on August 12, issued a notice in a matter relating to the power to decide on the delayed registration of births and deaths after one year. Through a 2023 amendment under the Registration of Births and Deaths Act, 1969, the power to issue the delayed registration of births and deaths after one year has been shifted from a Judicial Magistrate to an Executive Magistrate.Before...
The Supreme Court, on August 12, issued a notice in a matter relating to the power to decide on the delayed registration of births and deaths after one year. Through a 2023 amendment under the Registration of Births and Deaths Act, 1969, the power to issue the delayed registration of births and deaths after one year has been shifted from a Judicial Magistrate to an Executive Magistrate.
Before a bench comprising Justice Surya Kant and Justice Joymalya Bagchi, 19 practising advocates registered with the Gujarat Bar Council filed a special leave petition challenging the Gujarat High Court's order dated April 24, whereby it upheld the validity of Section 13 of the Act, which had brought the changes.
Section 13(1) provides for delayed registration upto 30 days by payment of prescribed fees and Section 13(2) empowers the prescribed authority to register on payment of fees if the delay is more than 30 days but less than one year. Section 13(3), before amendment, provided that for registration for delay beyond period of one year after verification by a Judicial Magistrate First Class.
Now, it says, the order shall be made by District Magistrate or Sub-Divisional Magistrate or by Executive Magistrate.
Advocate on Record Dr Charu Mathur, appearing for the petitioners, argued that this has a long consequences on the civil and legal rights of the citizens. She submitted that the Gujarat High Court had dismissed their plea in a cursory manner. The High Court did not enter into any meaningful analysis of the constitutional challenge raised under Articles 14, 21 and 50 of the Constitution.
Dr Mathur also pointed out that the same amendment is stayed by the Karnataka High Court in writ petition 24069/2023, and the same is pending for adjudication. She also referred to the Sudarshan v. Biradar matter where a state amendment on similar lines was struck down by the Karnataka High Court.
In Sudarshan v. Biradar, the Karnataka High Court has declared the Karnataka Registration of Births and Deaths (Amendment) Rules, 2022 by which it amended Rule 9 of the Births and Deaths Rules, 1999, and conferred powers on Revenue officials to decide on application for delayed registration of births and death, as ultra vires, the 1969 Act.
The Court, while issuing notice to the Union Government, directed them to file a status report in respect of the matter pending before the Karnataka High Court listed on September 28. The High Court was also requested to take up the matter for hearing soon.
Case Details: MINAXI CHANDULAL SHAH & ORS. v. THE UNION OF INDIA & ORS.|Petition(s) for Special Leave to Appeal (C) No(s). 21524/2025