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CS Executive · Jurisprudence, Interpretation and General Laws · Administrative Laws

In L. Chandra Kumar v. Union of India (1997), the Supreme Court held that the power of judicial review of the High Courts under Articles 226/227 over decisions of Administrative Tribunals is:

The Supreme Court held that High Court judicial review under Articles 226 and 227 is part of the basic structure and cannot be ousted. Tribunal decisions are therefore challengeable before a Division Bench of the concerned High Court, and not only by direct appeal to the Supreme Court.

  1. APart of the basic structure and cannot be excluded, so tribunal decisions are subject to High Court scrutiny before a Division BenchCorrect
  2. BCompletely barred, with appeal lying only to the Supreme Court under Article 136
  3. CAvailable only on questions of fact, not law
  4. DAvailable only to the President on advice of the Union Government

Explanation

The Court held that judicial review by High Courts and the Supreme Court is part of the basic structure, so the clause excluding High Court jurisdiction was unconstitutional. Tribunal decisions are therefore subject to scrutiny by a Division Bench of the High Court within whose jurisdiction the tribunal falls. Direct appeal to the Supreme Court alone is not the position.

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