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A seven member bench of the Supreme Court unanimously struck down clauses 2(d) of Article 323A and clause 3(d) of Article 323B of the Constitution relating to tribunals which excluded the jurisdiction of High Court and Supreme Court. The court held that power of judicial review over legislative action is vested in the High Court under Article 226 and in the Supreme Court under Article 32. This is an integral part of the basic structure of the constitution. Name the case:
A
L. Chandra Kumar v. Union of India
B
Kihota Hallahan v. Zachilhu
C
Nagaraj v. State of Andhra Pradesh
D
Rajendra Singh Rana v. Swami Prasad Maurya
Correct Answer:
L. Chandra Kumar v. Union of India
Part XIV-A entitled "Tribunals" was inserted by the Constitution (Forty Second) Amendment Act, 1976. Clause 2(d) of Article 323-A and Clause (3)(d) of Article 323-B excluded jurisdiction of all courts, except that of the Supreme Court under Article 136. In which case were these clauses struck down as being unconstitutional to the extent they barred the jurisdiction of the High Courts under Articles 226/227 and that of the Supreme Court under Article 32?
A
Maneka Gandhi v. Union of India, AIR 1978 SC 597
B
Minerva Mills v. Union of India, AIR 1980 SC 1789
C
S. R. Bommai v. Union of India, AIR 1994 SC 1918
D
L. Chandra Kumar v. Union of India, AIR 1997 SC 1125
The Supreme Court of India held that to the extent Article 323A and 323B exclude the jurisdiction of the Supreme Court under Article 32 and High Courts under Article 226 are unconstitutional; was held in
A
Sampath Kumar v. Union of India, 1987
B
L. Chandra Kumar v. Union of India, 1997
C
S. K. Sharma v. State of Bihar, 1950
D
L. Nandan Kamath v. State of Orissa, 1951
In which case Article 323A(2)(d) and Article 323B(3)(d) were declared unconstitutional to the extent they exclude the jurisdiction of the High Courts and the Supreme Court under Articles 226/227 and 32 of the Constitution?
A
S. P. Sampath Kumar v. Union of India (1987)
B
Maneka Gandhi v. Union of India, (1978)
C
L. Chandra Kumar v. Union of India (1997)
D
I. R. Coelho v. State of Tamil Nadu (2007)
Which of the following statements are correct? Answer by using the code given below:
1. Persons in Govt/Judicial service need not resign to participate in District judge selection process held in "Vijay Kumar Misra and another v. High Court of Judicature at Patna" by the Supreme Court of India
2. The Supreme Court of India held in S. Kazi v. Muslim Education Society that " All Tribunals are not necessary parties to the proceedings where legality of its orders challenged"
3. The Supreme Court of India observed in Cardanumom Marketing Corporation and others v. State of Kerala and others that Social Security to the legal profession becomes an essential part of legal system
4. The Supreme Court of India held in 'Union of India v. Rajasthan High Court and others that High Court judges are exempted from Airport frisking.
A
Only 2 is correct
B
1, 2 and 3 are correct
C
2, 3 and 4 are correct
D
1, 2 and 4 are correct
Study the following statements and pick up the correct code:
Statement I: The power of High Court to issue writs under Article 226 is wider than the power of Supreme Court under Article 32.
Statement II: The Supreme Court has the power to issue writs only for violation of fundamental rights whereas the power of High Court under Article 226 can be invoked for the enforcement of fundamental rights as well as legal rights.
A
Statement I is correct but Statement II is incorrect
B
Statement II is correct but Statement I is incorrect
C
Both the statements are correct but Statement II does not justify Statement I
D
Both the Statements are correct and Statement II justifies Statement I
In which of the following cases, the power of superintendence of High Courts does not extent?
1. Administrative Tribunals constituted under the Administrative Tribunals Act, 1985.
2. Tribunals created under the Army Act, 1950
3. Tribunals created for adjudication of disputes with regard to inter-state rivers.
4. Monopolies and Restrictive Trade Practices Commission.
Select the correct answer:
A
1 and 2
B
2 and 3
C
4 only
D
1 and 4
In which one of the following cases did the Supreme Court rule that the power of judicial review vested in the High Courts in respect of the decisions given by the Service Tribunals cannot be ousted or excluded even by a Constitutional Amendment?
A
High Court of Judicature at Bombay v. Shirish Kumar
B
Sampath Kumar v. Union of India
C
L. Chandra Kumar v. Union of India
D
All India Judges Association v. Union of India
In which of the following judgments was it held that the jurisdiction conferred upon the High Courts under Article 226 and upon the Supreme Court under Article 32 of the Constitution is part of the inviolable basic structure of the Constitution of India?
A
Common Cause v. Union of India, (1999) 6 SCC 667
B
L. Chandra Kumar v. Union of India, (1997) 3 SCC 261
C
In re Special Courts Bill, (1979) 1 SCC 380
D
S. R. Bommai v. Union of India, (1993) 3 SCC 1
A five-judge bench of the Supreme Court passes judgment in a matter. In a later case before a high court, a party presents the Supreme Court judgment as a binding authority. The opposing party claims that the high court is not bound by the Supreme Court's judgment because relevant provisions of law were not brought to the notice of the Supreme Court in that case. Which of the following is most correct in this case?
Principle: Article 141 of the Constitution provides that the law declared by the Supreme Court is binding on all courts within the territory of India.
A
Since the relevant provisions of law were not brought to the notice of the Supreme Court, the five-judge bench's decision is not 'law' within the meaning of Article 141, and is not binding on the high court
B
The Supreme Court must expressly declare that its judgment is binding on all courts within the territory of India when passing judgment. In this case, the Supreme Court has not done so, and therefore, the decision of the five-judge bench is not binding on the high court
C
The High Court cannot ignore the decision of the Supreme Court on the ground that relevant provisions of law were not brought to its notice. Under Article 141, it is bound by the decision of the Supreme Court
D
Only those decisions that are passed by a larger bench than the five-judge bench would be hinding on the high court, since legitimate doubts have been raised about the propriety of the five-judge bench's decision
E
The decision of the five-judge bench, since it is in conflict with other decisions, must first be decided upon by a larger bench on the Supreme Court. Only after that would the decision be binding on all other courts under Article 141 of the Constitution
The Supreme Court has directed the Law Commission of India to examine various issues relating to the working of Tribunals including the desirability of providing statutory appeals directly to Supreme Courts from orders of Tribunals on issues not affecting national or public interest and other aspects of statutory framework in respect of Tribunals in
A
Devika Biswas v. Union of India
B
M. S. Kazi v. MES
C
Swaraj Abhiyan v. Union of India
D
Gujarat Urja Vikas Nigam Ltd. v. Essar Power Ltd