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Showing contexts for: basic structure constitution in M/S. Harpreet Singh Chhabra And Four ... vs Counsel For on 7 September, 2018Matching Fragments
6) After considering the law on the subject and also the power of the Court under Article 227 of the Constitution of India, the Constitution Bench of the Apex Court in L.Chandra Kumar v. Union of India held that the jurisdiction conferred on the Supreme Court under Article 32 of the Constitution of India and on the High Courts under Articles 226 and 227 of the Constitution is a part of the basic structure of the Constitution, forming its integral and essential feature, which cannot be tampered with much less taken away even by constitutional amendment, not to speak of a parliamentary legislation.
(h) In exercise of its power of superintendence High Court cannot interfere to correct mere errors of law or fact or just because another view than the one taken by the tribunals or Courts subordinate to it, is a possible view. In other words the jurisdiction has to be very sparingly exercised.
(i) High Court's power of superintendence under Article 227 cannot be curtailed by any statute. It has been declared a part of the basic structure of the Constitution by the Constitution Bench of this Court in the case of L. Chandra Kumar vs. Union of India & others reported in (1997) 3 SCC 261 and therefore abridgement by a Constitutional amendment is also very doubtful.
Considering the law laid down by the Apex Court, we are of the opinion that bar contained under Section 8 of the Commercial Courts Act shall not affect the jurisdiction of the High Court under Article 227 of the Constitution of India. If the contention on behalf of the respondents that considering Section 8 of the Commercial Courts Act, even the writ jurisdiction under Article 227 of the Constitution of India is barred, in that case, such a provision would suffer from the vice of unconstitutionality as observed by the Honble Supreme Court in the aforesaid decisions. The power vested in the High Courts to exercise judicial superintendence over the decision of the Courts and Tribunals within their respective jurisdictions is part of the basic structure of the Constitution and no legislature can take away such power of superintendence conferred under Article 227 of the Constitution of India. It is required to be noted that therefore, even the legislature, while enacting Section 8 of the Commercial Courts Act, seems to have wisely not used the word maintainable but has used the word entertained.