Supreme Court under Article 32 of the Constitution?
(2) Whether the Tribunals, constituted either under Article 323A or under
Article 323B of the Constitution, possess ... sacrosanct jurisdiction of the Supreme Court under
Article 32 of the Constitution, Articles 323A and 323B allow Parliament to
pursue such a course in future
derived from Article 245 read with several entries in List I
6
of the Seventh Schedule and did not originate from Article 323B ... authorized by the Constitution (Administrative
Tribunals under Article 323A and Tribunals for other matters under Article
323B ) or Statutory Tribunals which are created under
expression 'estate' from clause (2) of
Article 31A into Article 323B (2)(d) is only for the purpose of
enumeration. Instead of repeating ... meaning as in Article 31A. The
reference to the definition of 'estate' in Article 31A made in
Article 323B(2)(d) serves
matters in Clause (2) of the said Article.
44. Clause (2) of Article 323B was amended by the Constitution
(Seventy fifth Amendment) Act, with effect ... jurisdiction of the High Court, except
under Article 226 and 227 , would be saved by Article 323B(3)(d) of
the Constitution
void- Article 323A deals with the establishment of Administrative Tribunals and is not relevant for our purpose. Article 323B provides for establishment of tribunals ... Supreme Court (Articles 124-146), (2) High Court of a State (Articles 264-231), (3) District, and (4) Subordinate Courts (Articles
section 46 of the Constitution (Forty-
second Amendment) Act, 1976 and Article 323B of Constitution of India. It
is contended that section ... clause (2) of the said Article.
6. One of the contentions urged in support of the challenge to Article
323B relate to the fact that
expression land reforms mentioned in Clause (d) of sub-Article (2) of that Article of 323B of the Constitution of India cannot be equated with ... Supreme Court of Article 32 of the Constitution?
(ii) Whether the tribunals constituted either under Article 323A or under Article 323B of the Constitution possesses
expression 'estate' from clause (2) of Article 31A into
Article 323B(2)(d) is only for the purpose of enumeration. Instead of repeating ... meaning as in Article 31A. The reference to the definition of 'estate' in Article
31A made in Article 323B(2)(d) serves
Shahi Enclaves Private Limited vs The State Of West Bengal & Ors on 2 May
against legislations passed under Article 246. The
distinction is not a minor distinction - tribunals formed under Article
323A and Article 323B exclude the jurisdiction ... under
legislations passed under Article 246. There is no doubt that in both
cases of Article 246 and Article 323B
