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Showing contexts for: basic structure constitution in Track Parts Of India Mazdoor Sabha vs State Of U.P. And Ors. on 22 November, 2004Matching Fragments
"99. In view of the reasoning adopted by us, we hold that Clause 2 (d) of Article 323A and Clause 3 (d) of Article 323B, 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 Article 323A and 323B would, to the same extent, be unconstitutional. The Jurisdiction conferred upon the High Courts under Article 226 /227 and upon the Supreme Court under Article 32 of the Constitution is a part of 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 .........................."
"29. The Constitution Bench in L. Chandra Kumar v. Union of India dealt with the nature of power of judicial review conferred by Article 226 of the Constitution and the power of superintendence conferred by Article 227. It was held that the jurisdiction conferred on the Supreme Court under Article 32 of the Constitution 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. A recent Division Bench decision by the Delhi High Court (Dalveer Bhandari and H. R. Malhotra, JJ.) in Govind v. State (Govt. of NCT of Delhi) makes an in-depth survey of decided cases including almost all the leading decisions by this Court and holds :
"74. The powers of the High Court under Article 226 cannot be whittled down, nullified, curtailed, abrogated, diluted or taken either by amendment of the Constitution. The power of juridical review is an inherent part of the basic structure and it cannot be abrogated without affecting the basic structure of the Constitution."
The essence of constitutional and legal principles, relevant to the issue at hand, has been correctly summed up by the Division Bench of the High Court and we record our approval of the same."