The Supreme Court Bench of Justices Surya Kant and Jyomalya Bagchi has issued notice in a Special Leave Petition filed by 19 practising advocates registered with the Gujarat Bar Council, represented by Dr. Charu Mathur. The petition challenges the constitutional validity of the 2023 amendment to Section 13(3) of the Registration of Births and Deaths Act, 1969, which transfers the power to order registration of births and deaths reported after a delay of more than one year from Judicial Magistrates to Executive Magistrates.
The petitioners argue that such delayed registration decisions, which affect civil status, inheritance, and legal identity, require judicial scrutiny as they involve appreciation of evidence and determination of disputed facts. They contend that vesting this function in Executive Magistrates officers of the State violates Article 50 of the Constitution, undermines judicial independence, and is contrary to the scheme of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The Gujarat High Court had dismissed their writ petition summarily without issuing notice or calling for a counter-affidavit, despite the Karnataka High Court having stayed the same central amendment. Petitioners further pointed out that the amendment omits procedural safeguards, lacks an appellate mechanism, and risks arbitrary or fraudulent entries in vital records.
After hearing initial submissions and noting the pending Karnataka proceedings, the Supreme Court issued notice to the Union of India and directed it to apprise the Court of the status of the Karnataka matter. The case is listed for further hearing on 28 September 2025.