Question

A seven member bench of the Supreme Court unanimously struck down clauses 2(d) of Art.323 A and Clause 3(d) of Art 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 Art.226 and in the Supreme Court under Art.32. This is an integral part of the basic structure of the constitution. Name the case

• A. L. Chandra Kumar vs. Union of India
• B. Kihota Hollohon vs. Zachilhu
• C. Nagaraj vs. State of A.P.
• D. Rajendra Singh Rana vs. Swami Prasad Maurya

Hint:

Remember \textit{L. Chandra Kumar} as the case that established the supremacy of the High Courts' and Supreme Court's power of judicial review over the decisions of tribunals. It created a system where tribunals act as courts of first instance, but their decisions are subject to scrutiny by the High Courts under Articles 226/227.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question describes a landmark Supreme Court judgment that dealt with the constitutional validity of administrative tribunals and the extent to which they could oust the jurisdiction of the constitutional courts (High Courts and the Supreme Court). The case is famous for reaffirming the power of judicial review as a part of the basic structure of the Constitution.
Step 2: Detailed Explanation:
The facts and the ruling described in the question correspond exactly to the case of L. Chandra Kumar v. Union of India, (1997) 3 SCC 261. \begin{itemize} \item Articles 323A and 323B were inserted by the 42nd Amendment Act, 1976, to allow Parliament to create administrative and other tribunals to adjudicate disputes on specific matters. \item The relevant clauses of these articles provided for the exclusion of the jurisdiction of all courts, except the Supreme Court under Article 136, a provision known as the "exclusion clause." \item A seven-judge constitutional bench in the \textit{L. Chandra Kumar} case examined the validity of these exclusion clauses. \item The Court unanimously held that the power of judicial review vested in the High Courts under Article 226 and the Supreme Court under Article 32 is an integral and essential feature of the Constitution and forms part of its basic structure. \item Consequently, the Court struck down Clause 2(d) of Article 323A and Clause 3(d) of Article 323B as unconstitutional, to the extent they excluded the jurisdiction of the High Courts and the Supreme Court. \end{itemize}
Step 3: Final Answer:
The case is L. Chandra Kumar vs. Union of India.