15. We cannot therefore find it in ourselves to accept the
contention of the learned Additional Solicitor General Sri. AR. L.
Sundaresan, appearing on behalf of the Union of India, and relying on
the decisions in Karnataka Bank v. State of Andhra Pradesh -
15. We cannot therefore find it in ourselves to accept the
contention of the learned Additional Solicitor General Sri. AR. L.
Sundaresan, appearing on behalf of the Union of India, and relying on
the decisions in Karnataka Bank v. State of Andhra Pradesh -
Similarly, in Karnataka
Bank Ltd. Vs. State of Andhra Pradesh and Ors., (2008) 2
SCC 254. This Court held that the definition of person
under Section 3(42) of the General Clauses Act is not
applicable automatically to interpret the provision of
the Constitution unless the context so requires and makes
the definition applicable. Again, there can be no
dispute to the preposition as laid down inthe above
case.
If that which is passed into law is
within the scope of the power conferred on a Legislature and
violates no restrictions on that power, the law must be upheld
whatever a Court may think of it. (vide Karnataka Bank Limited
v. State of A.P14). Thus, the Court has to keep in mind the
presumption of the constitutionality and such statute passed by
Legislature. If, for any reason, the Statute passed by the
Legislature is violative of any fundamental rights guaranteed under
Constitution of India which expressly confers upon the Courts the
power of judicial review and as regards fundamental rights, the
Court has been, by the present Article, assigned the role of a
sentinel on the 'qui vive'.
He relies upon the judgment of this Court in State of
A.P. v. P. Narasimha and another2 and Karnataka Bank
Ltd. v. State of Andhra Pradesh and others3. The
Lawgiver intended to create a Specialised Tribunal.
Being a Specialised Tribunal, it has all the power of
an Appellate Court. The statutory Rule cannot be
inconsistent or repugnant with the parent Act. Rule 121
1 (2001) 8 SCC 676
2 (1994) 4 SCC 453
3 (2008) 2 SCC 254
10
is confined to cases of dismissal, removal and
compulsory retirement.
In Karnataka Bank Ltd. v. State of A.P.,
(2008) 2 SCC 254, the apex Court held in pronouncing
on the constitutional validity of a statute, the Court is
not concerned with the wisdom or un-wisdom, the
justice or injustice of the law. If that which is passed into
law is within the scope of the power conferred on a
Legislature and violates no restrictions on that power,
the law must be upheld whatever a Court may think of
it. The parent act may be unconstitutional on several
grounds, i.e. (i) excessive delegation; or (ii) breach of a
Fundamental Right; or (iii) on any other ground such as,
distribution of powers between the Centre and the State.
16486 of 2022 titled as "State of Andhra Pradesh Raghu
Ramakrishna Raju Kanumuru (M.P) that the Tribunal could
not pass orders in conflict with the orders of the High Court
ii. Karnataka Bank Ltd. vs State Of A.P. &Ors [(2008) 2 SCC 254]
in para 19 that there is presumption in favour of validity of a
statute
iii.