Now Reading: Supreme Court clarifies doctrine of ratification in administrative law
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Supreme Court clarifies doctrine of ratification in administrative law
The Supreme Court has ruled that when a competent authority ratifies an act initially performed without proper authority, the ratification relates back to the date of the original act. This means the…
The Story in Brief
The Supreme Court has ruled that when a competent authority ratifies an act initially performed without proper authority, the ratification relates back to the date of the original act. This means the act is validated as if prior authority had existed from the start.
A Bench of Justice Pamidighantam Sri Narasimha and Justice Alok clarified the principles of the doctrine of ratification in administrative law. The judgment settles that ratification cannot cure an act that was void ab initio, but can validate acts that were merely unauthorised at the time.
The Indian Opinion
This ruling is a welcome dose of legal clarity on a doctrine often invoked in service matters and government contracts. The lazy narrative that any retrospective approval is legally sound has been rightly corrected by the court. The key test going forward will be whether the original act was void or merely unauthorised. Indian citizens should watch how lower courts apply this distinction in pension and land dispute cases.
Source: livelaw.in
This story was synthesised by AI from the source linked above.
