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Showing contexts for: basic structure constitution in Surendra Bahadur Singh vs Armed Forces Tribunal & Others on 10 February, 2012Matching Fragments
17. In para 5 of the judgment the Kerala High Court observed that so far as the interim orders of the Tribunal are concerned, in view of Second Proviso to Section 30 (1) of the Act the only remedy available to aggrieved persons is to approach the High Court under Art.226 of the Constitution of India. In the concluding para 6 and 7 the Kerala High Court observed again relying upon L. Chandra Kumar's case that the jurisdiction of the High Court under Art.227 is part of basic structure of the Constitution. Sub-Article (4) of Article 227 only covers the administrative matters and not judicial matters and thus the High Court will not have any supervisory jurisdiction in administrative matters over the Tribunal. The High court will, however, have powers under Art.227 in respect of orders issued by the Tribunal, and on the failure of the Tribunal to exercise their jurisdiction. Where the applications are rejected on the ground of delay, or for want of jurisdiction and they may be ever so many other situations, where the Tribunal may decline to exercise jurisdiction, the High Court in all such cases, may correct the orders under Art.227. The Kerala High Court observed that the jurisdiction of the High Court will under the Act be confined in following events:-
19. We may observe before considering the preliminary objections to the maintainability of the writ petition against the order of the AFT, 2007 without applying for leave to appeal under Section 31 (2) of the AFT Act, 2007, that the Parliament had the advantage of the judgment of the Supreme Court in L. Chandra Kumar v. Union of India (Supra) by 7 Hon'ble Judges of the Supreme Court, at the time of enactment of the AFT Act, 2007. By that time for more than 10 years the issues decided in L. Chandra Kumar's case declaring clause 2 (d) of Art.323-A, and clause 3 (d) of Art.323-B to the extent they excluded the jurisdiction of the High Court and the Supreme Court except under Art.136, to be unconstitutional and reiterating that the jurisdiction conferred upon the High Court under Art.226/227 and upon the Supreme Court under Art.32 is part of the basic structure of our Constitution was operative. The judgment in L. Chandra Kumar still holds the field. The Parliament will be deemed to be conscious of the declaration of law by the Supreme Court at the time of enacting the AFT Act, 2007.