Supreme Court of India
Balkrishna Ram v. Union of India and Anr.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We hold that clause 2( d) of Article 323-A and clause 3( d) of Article 323-B, 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 12
From the headnote
Armed Forces Tribunal Act, 2007: ss. 14(1) and 34 – Transfer of pending cases to Armed forces Tribunal – Whether an appeal against the order of Single Judge of a High Court deciding a case related to armed force s personnel, pending before High Court, can be transferred to the Armed Forces Tribunal – Held: As per s. 14(1), Armed Forces Tribunal can exercise powers of all the Courts except the Supreme Court or igh Court exercising jurisdiction under Arts. 226 or 227 – Judicial re view is basic structure – Power of judicial review vested with the High Court cannot be taken away – Power of
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Where later benches applied it
Of those, 1 distinguished
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