L. Chandra Kumar v Union of India
Rule established
Power of judicial review under Art. 226/227 is a basic feature of the Constitution; tribunal orders are subject to High Court review; tribunals cannot exclude HC jurisdiction.
Facts
- The Administrative Tribunals Act, 1985 (establishing CAT) contained provisions excluding High Court jurisdiction under Art. 226/227 over service matters
- Several cases challenged whether Parliament could exclude High Court judicial review by creating tribunals
- The question: can tribunal legislation bar the writ jurisdiction of High Courts?
Issue
- Whether legislative provisions excluding the jurisdiction of High Courts under Art. 226/227 in matters assigned to tribunals are constitutionally valid.
Held
- Judicial review under Art. 226/227 is a basic feature of the Constitution and cannot be curtailed or excluded
- Tribunal orders are subject to scrutiny before a Division Bench of the High Court under Art. 226/227
- Tribunals are supplemental to High Courts, not substitutes
- The exclusion of HC jurisdiction in the Administrative Tribunals Act was struck down
- All decisions of tribunals are amenable to High Court review on jurisdictional and constitutional grounds
Ratio Decidendi
The power of judicial review vested in High Courts under Art. 226/227 is part of the basic structure. No legislation can exclude it. Tribunals function under High Court supervisory jurisdiction. Their orders can be challenged through writ petitions.
How to use it in an exam
- Part A: Core authority establishing that HC writ jurisdiction under Art. 226/227 is basic structure, extending the Kesavananda/Minerva Mills doctrine to tribunals.
- Part B: Tribunals are supplemental, not substitutes. All tribunal orders are reviewable by High Courts.
- Key line: "Judicial review under Art. 226/227 is a basic feature; tribunals are supplemental to, not substitutes for, High Courts."
Source
Source: Supreme Court judgment; AIR 1997 SC 1125
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.