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Supreme Court of India 2018-09-12 allowed

Medical Council of India vs State of Kerala & Ors

Bench: 2 — Arun Mishra

In Brief

The Medical Council of India challenged Kerala's Ordinance of 2017, which sought to regularise 180 illegally admitted medical students whose admissions the courts had cancelled for procedural violations. The Supreme Court held the Ordinance unconstitutional as it violated the doctrine of separation of powers. Although legislatures can retrospectively amend laws to remove defects pointed out by courts, they cannot nullify final judicial decisions. Here, the Ordinance did not cure any legal defect but directly contradicted court orders requiring online applications. The Court declared the Ordinance ultra vires and struck it down, affirming that judicial independence is fundamental to the rule of law.

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Constitutional Law Separation of Powers Judicial Review Medical Education Ordinance Legislative Overreach

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