Supreme Court of India

L. Chandra Kumar Etc. Etc. v. The Union of India and Ors. Etc. Etc.

Neutral citation

Reported as [1997] 2 S.C.R. 1186

Decided 18 March 1997

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

44 Supreme Court benches have cited this judgment.

What the Court ordered

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.

Judgment, page 65

From the headnote

Constitution of llldia, 1950. Articles 323A (2) (d) and 323B (3) (d)-Tribunals set up pursuallt to Articles 323A and 323B-furisdiction of-Exclusion of jurisdiction of all courts except that of Supreme Court under Article 136-Held, sub-Clause (d) of clause (2) of Article 323A and sub-Clause (d) of clause (3) of Article 323B are unconstitutional to the extent they exclude the jwisdiction of High Courts under Anicle 2261227 and that of Supreme Court under A1ticle 32. Articles 32, 136 and 226/227-Judicial review-Held, power of judicial review vested in Supreme Court and High Court is an integral

Authorities it was built on

1973 His Holiness Kesavananda Bharati Sripadagalavaru v. State of Kerala cited by 118
1991 Kihoto Hollohan v. Zachillhu and Others cited by 59

Where later benches applied it

2022 Madhya Pradesh High Court Advocates Bar Association and Anr v. Union of India and Anr relied on
2020 Madras Bar Association v. Union of India & Anr. relied on
2020 Benedict Denis Kinny v. Tulip Brian Miranda & Ors. relied on
2019 Rojer Mathew v. South Indian Bank Ltd. & Ors. relied on
2019 Central Public Information Officer, v. Subhash Chandra Agarwal relied on
2018 Justice K. S. Puttaswamy (retd.) v. Union of India & Ors. relied on
2018 Rojer Mathew v. South Indian Bank Limited and Ors relied on
2017 Smt. Bharati Reddy v. The State of Karnataka and Ors. relied on
2015 Union of India & Ors. v. Major General Shri Kant Sharma & Anr. relied on
2012 Namit Sharma v. Union of India relied on
2012 Columbia Sportswear Company v. Director of Income Tax, Bangalore relied on
2008 Pareena Swarup v. Union of India relied on
2024 High Court Bar Association, Allahabad v. State of U.P. & Ors. followed
2024 State of Himachal Pradesh and Others v. Yogendera Mohan Sengupta and Another followed
2023 Union of India & Ors v. Air Commodore Nk Sharma (17038) Adm/lgl followed
2023 Union Territory of Ladakh & Ors. v. Jammu and Kashmir National Conference & Anr. followed
2023 Union of India & Ors. v. Parashotam Dass followed
2022 Ibrat Faizan v. Omaxe Buildhome Private Limited followed
2022 Union of India v. Alapan Bandyopadhyay followed
2020 Balkrishna Ram v. Union of India and Anr. followed
2019 Rajendra Diwan v. Pradeep Kumar Ranibala & Anr. followed
2018 Asian Resurfacing of Road Agency Pvt. Ltd. & Anr.v. Central Bureau of Investigation v. Central Bureau of Investigation followed
2026 The State of West Bengal v. Jai Hind P.ltd. referred to
2025 Vasanta Sampat Dupare v. Union of India & Ors. referred to
2024 Hongkong and Shanghai Banking Corp. Ltd. v. Awaz & Ors. referred to
2024 IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955 versus referred to
2024 Mineral Area Development Authority & Anr. v. M/s Steel Authority of India & Anr. Etc. referred to
2023 M/s Universal Sompo General Insurance Co. Ltd. v. Suresh Chand Jain & Anr. referred to
2023 Orissa Administrative Tribunal Bar Association v. Union of India & Others referred to
2023 Union of India v. Sanjiv Chaturvedi referred to
2022 Janhit Abhiyan v. Union of India referred to
2021 Madras Bar Association v. Union of India and Anr. referred to
2021 Kiran Devi v. The Bihar State Sunni Wakf Board & Ors. referred to
2019 A. Rajagopalan Etc. v. The District Collector, Thiruchirapalli District & Ors. & Etc. referred to
2019 Tamil Nadu Pollution Control Board v. Sterlite Industries (i) Ltd. & Ors. referred to
2019 All India Institute of Medical Sciences v. Sanjiv Chaturvedi & Ors. referred to
2017 Girlsh Kumar Suneja v. C.B.L. referred to
2016 State of Karnataka v. State of Tamil Nadu & Ors. referred to
2016 Gujarat Urja Vikas Nigam Ltd. v. Essar Power Limited referred to
2014 Madras Bar Association v. Union of India and Another referred to
2014 H.C. Kulwant Singh & Ors. v. H.C. Daya Ram & Ors. referred to
2013 Union of India v. Namit Sharma referred to
2012 R. Mohajan & Ors. v. Shefali Sengupta & Ors. referred to
2013 Shahid Balwa v. Union of India and Others mentioned

Of those, 12 relied on · 10 followed · 21 referred to · 1 mentioned

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