All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

The case in which the Supreme Court struck down clauses 2(d) of Art. 323 A and Clause 3(d) of Art 323B of the Constitution relating to tribunals is L. Chandra Kumar vs. Union Of India.

This case was decided by a seven-judge bench of the Supreme Court in 1997, and it involved a challenge to the constitutional validity of the Administrative Tribunals Act, 1985, and the tribunals established under it. The court held that the power of judicial review over legislative action is vested in the High Courts under Article 226 and in the Supreme Court under Article 32, and that this power is an integral part of the basic structure of the Constitution. The court also held that the tribunals are not substitutes for the High Courts, but are supplementary to them, and that their decisions are subject to scrutiny by a Division Bench of the High Court within whose jurisdiction the tribunal falls. The court further held that clauses 2(d) of Art. 323 A and Clause 3(d) of Art 323B, which excluded the jurisdiction of all courts except the Supreme Court under Article 136, are unconstitutional and void. The court declared that these clauses are violative of the doctrine of separation of powers and the independence of judiciary, and that they curtail the power of judicial review which is essential for preserving the rule of law and protecting the rights of citizens.