power to enact the Armed Forces
Tribunal Act, 2007 independently of Article 323A of the
Constitution of India. It is submitted that in any case ... 2000 along with connected matters Page 4 of 17
5
which Article 323A was incorporated in the Constitution
of India does not apply
Courts which used to take cognisance of service matters under
Article 226.
8. Article 323A is an enabling provision. Its scope is very wide ... tribunals could get to the Supreme Court under Article
136. Under Clause 2(d) of Article 323A and Clause 3(d) of Article 323B
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 ... 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
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 ... 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
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 ... 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
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 ... 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
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 ... 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
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 ... 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
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 ... 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
opinion that the amending provision were without jurisdiction and
ultra vires Article 323A of the Constitution and accordingly wherever the word
'society