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Supreme Court of India 2025-02-06 allowed

K.T. RAJASHEKAR vs THE KARNATAKA STATE ROAD TRANSPORT CORPORATION

Bench: 2 — Vikram Nath, Prasanna B. Varale

In Brief

This case concerns the constitutional validity of the repeal of the Karnataka Contract Carriages (Acquisition) Act, 1976, and the power of the State Transport Authority to delegate permit-issuance functions to its Secretary. The Supreme Court held that the legislature's power to repeal a law is coextensive with its power to enact it. Although the 1976 Act had been previously upheld by the Court, the 2003 repeal reflected a deliberate policy shift to liberalize public transport in response to evolving conditions. The Court also affirmed that Section 68(5) of the Motor Vehicles Act and Rule 56 of the Karnataka Motor Vehicles Rules expressly authorize delegation of permit-granting power to the Secretary for non-stage carriage permits. Such delegation is permissible, practical, and necessary for efficient administration. Appeals by private bus operators and the State Transport Authority were allowed; the KSRTC's appeal was dismissed.

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Constitutional Law Administrative Law Delegation of Power Motor Vehicles Regulation State Transport Authority Public Transport Legislative Competence Statutory Interpretation Quasi-Judicial Functions

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