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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 Articles 323A and 323B would, to the same
extent, be unconstitutional. The jurisdiction conferred upon the High
Courts under Articles 226/227 and upon the Supreme Court underArticle
32 of the Constitution is 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 323A and Article 323B 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 concerned Tribunal 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 jurisdiction of the concerned Tribunal.Section 5(6) of
the Act is valid and constitutional and is to be interpreted in the manner
we have indicated."