L. CHANDRA KUMAR ETC. ETC. versus THE UNION OF INDIA AND ORS. ETC. ETC.

Citation: [1997] 2 S.C.R. 1186 · Decided: 18-03-1997 · Supreme Court of India · Bench: A.M. AHMADI · Disposal: Disposed off

Cited by 35 judgment(s) · cites 3 · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
c 
L. CHANDRA KUMAR ETC. ETC. 
v. 
THE UNION OF INDIA AND ORS. ETC. ETC. 
MARCH 18, 1997 
[AM. AHMADI, CTI., M.M. PUNCHHI, K. RAi\1ASWAMY, S.P. 
BHARUCHA, S. SAGHIR AHMAD, K. VENKATASWAMI AND 
K.T. THOMAS, JJ.] 
Constitution of llldia, 1950. 
Articles 323A (2) (d) and 323B (3) (d)-Tribunals set up pursuallt to 
Articles 323A and 323B-furisdiction of-Exclusion of jurisdiction of all 
courts except that of Supreme Court under Article 136-Held, sub-Clause (d) 
of clause (2) of Article 323A and sub-Clause (d) of clause (3) of Article 323B 
are unconstitutional to the extent they exclude the jwisdiction of High Courts 
D under Anicle 2261227 and that of Supreme Court under A1ticle 32. 
Articles 32, 136 and 226/227-Judicial review-Held, power of judicial 
review vested in Supreme Court and High Court is an integral and essential 
f ea tu re of the Constitution constituting part of its inviolable basic struc-
ture-Tribunals created pursuant to Articles 323A and 323B cannot exercise 
E power of judicial review of legislative action to the exclusion of High Courts 
and Supreme Court-They cannot act as substitutes for High Cowts and 
~
Supreme Court-However, they are competent to test the vires of statutory 
provisions except the legislation which creates the particular Tribunal and they 
may pe.•f onn a supplemental role in this respect: but their decisio11S will be 
F 
subject to High Courts' writ jurisdiction under Article 226/227 before a 
Division Bench-No appeal will directly lie before Supreme Court under 
A1ticle 136-171ese directions will apply prospectivel)--Theory of altemative 
institutional mechanism, reviewed. 
Doctrine o.fprospective ovenuling-Applicabi/ity of. 
G 
Administrative Tribunals Act, 1985: 
ss.3(t), 5(2), 5(6)-Tribunals-<:omposition of-Held, s.5(6) is valid 
and constitutiona~Sub-Sections (2) and (6) of s.5 to be hannoniously 
constmed-Matters involving intepretation of statutOI)' provisions or rules 
H fiwned under Altic/es 309 of the Constitution shall be referred to a Bench 
1186 
1 
L.CHANDRAKR.v. u.o.r. 
1187 
! i 
consisting of at least two Members one of whom must be a judicial Member. 'A 
S. 28-Exclusion of jurisdictio11 of courts-Held, s. 28 a11d the "a-
clusio11 of jwisdiction" clauses in all other legislations enacted under aegis of 
A1ticles 323A a11d 323B of the Consiitution, to the v.tent they exclude 
jurisdiction of High Courts and Supreme Cowt under Articles 226/227 a11d 
32 of the Constitution, are zmconstitutional-Rajasthan Taxation T1ibz111al 
Act, 1995-s. 14: Tamil Nadu Taxation Special Tribu11al Act. 1992-S. 14: 
Tamil Nadu Land Reforms (Fixatio11 of Ceiling on Land) Amendment Act, 
1983 as amended by Tamil Nadu Land Refonns (Fixation of Ceiling on 
Land) Amendment Act, 1986-S. 77 G: and West Bengal Taxation Tlibwzal 
Act. 1987-s. 14. 
Administrative Law: 
B 
c 
Judicial Review-Tlibunals set up under Articles 323A and 323B oflhe 
Co11stitutio11-Er:ercise of power by them under A1ticles 226/227. in respective 
areas of law, to the exclusion of High Court~Held, unconstitution-
D 
al-Tribunals cannot act as substitutes of High Court~17ieir function in this 
respect is only supplemental-171eir decisions will be subject to sc111tiny before 
a Division Bench of High Court-Direction given to improve functioning of 
Tribunals. 
Articles 323A and 323 B were inserted in the Constitution by the 42nd 
Amendment with effect from 1.3.1977. Under Article 323A Parliament was 
empowered to make law for setting up Administrative Tribunals to deal 
exclusively with service matters. Under Article 3238 the Parliament/the 
state Legislatures were empowered to enact laws providing for adjudication 
E 
or trial by Tribunals of disputes, complaints of offences with respect to 
F 
matter enumerated in clause (2) of Article 3238. Sub-clause (d) of clause 
(2) of Article 323A and sub-clause (d) of clause (3) of Article 3238 provided 
for exclusion of jurisdiction of all courts except the jurisdiction of Supreme 
Court under Article 136 of the Constitution. 
The Parliament, in pursuance of the power conferred upon· it by 
Article 323A (1) of the Constitution, enacted the Administrative Tribunals 
Act, 1985, for setting up Administrative Tribunals with a view to reduce the 
burden of various courts and to provide to the persons covered by the 
Administrative Tribunals speedy relief in respect of their grievances. S.28 
G 
of the Act excluded the jurisdiction of all courts except that of the Supreme H 
A

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