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"In view of the reasoning adopted by us,
we hold that clause 2(d) of Article 323-A and
clause 3(d) of Article 323-B, to the extent they
exclude the jurisdiction of the High Courts and
the Supreme Court under Articles 226/227 and
32 of the Constitution, are unconstitutional.
Section 28 of the Act and the 'exclusion of
jurisdiction' clauses in all other legislations
enacted under the aegis of Articles 323-A and
323-B would, to the same extent, be
unconstitutional. The jurisdiction conferred upon
the High Courts under Articles 226/227 and
upon the Supreme Court under Article 32 of the
Constitution is a part of the inviolable basic
structure of our Constitution. While this
jurisdiction cannot be ousted, other courts and
Tribunals may perform a supplemental role in
discharging the powers conferred by Articles
226/227 and 32 of the Constitution. The
Tribunals created under Article 323-A and 323-B
of the Constitution are possessed of the
competence to test the constitutional validity of
statutory provisions and rules. All decisions of
these Tribunals will, however, be subject to
scrutiny before a Division Bench of the High
Court within whose jurisdiction the Tribunal
concerned falls. The Tribunals will, nevertheless,
continue to act like courts of first instance in
respect of the areas of law for which they have
been constituted. It will not, therefore, be open for
litigants to directly approach the High Courts
even in cases where they question the vires of
statutory legislations (except where the
legislation which creates the particular Tribunal
is challenged) by overlooking the jurisdictioin of
the Tribunal concerned. Section 5(6) of the Act is
valid and constitutional and is to be interpreted
in the manner we have indicated."