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SUPREME COURT Important Judgements

majority are not unanimously agreed on this aspect. [There turn, was based on: Firstly, Article 136(2) of the Constitution does not
were five judgments for the majority, delivered by Sikri, C.J.,
Shelat & Grover, JJ. Hegde & Mukherjee, JJ. Jaganmohan permit any Special Leave to Appeal to the Supreme Court against the

Reddy, J. and Khanna, J. While Khanna, J. did not attempt to
catalogue the basic features, the identification of the basic order of a court or tribunal constituted by or under any law relating to
features by the other Judges are specified in the following paras
of the Court's judgments : Sikri, C.J. (para 292), Shelat and the Armed Forces. Secondly, Section 31 of the said Act states that an
Grover, JJ. (para 582), Hegde and Mukherjee, JJ. (paras 632 &
661) and Jaganmohan Reddy, J. (paras 1159, 1161)]. The aspect appeal to this Court would only lie if “a point of law of general public
of judicial review does not find elaborate mention in all the
majority judgments. Khanna, J. did, however, squarely address importance” is involved.
the issue (at para 1529):

..The power of judicial review is, however, confined not 7. Thus, as most matters are personal to litigants being in the nature
merely to deciding whether in making the impugned laws
the Central or State Legislatures have acted within the of service matters, and may not involve a point of law of “general public
four corners of the legislative lists earmarked for them;
the courts also deal with the question as to whether the importance”, a litigant does not have any forum for grievance redressal,
laws are made in conformity with and not in violation of
the other provisions of the Constitution... As long as except the High Court under Article 226, which it can approach,
some fundamental rights exist and are a part of the
Constitution, the power of judicial review has also to be aggrieved by an order of the Armed Forces Tribunal. Furthermore, the
exercised with a view to see that the guarantees afforded
by those rights are not contravened.... Judicial review has legislature was conscious of the seminality of the jurisdiction under
thus become an integral part of our constitutional system
and a power has been vested in the High Courts and the Article 226 of the Constitution while drafting Section 14 of the said Act,
Supreme Court to decide about the constitutional validity
of provisions of statutes. If the provisions of the statute which expressly saves the jurisdiction of the High Court from
are found to be violative of any article of the
Constitution, which is touchstone for the validity of all entertaining appeals arising from the Armed Forces Tribunal under
laws, the Supreme Court and the High Courts are
empowered to strike down the said provisions.” Article 226 and Article 227 of the Constitution.

6. It was further submitted that the exclusion of judicial review 8. Section 14(1) of the said Act reads as under.

under Article 226 of the Constitution ought not to be countenanced “14. Jurisdiction, powers and authority in service matters. –
(1) Save as otherwise expressly provided in this Act, the
because of lack of any viable alternative appeal mechanism. This, in Tribunal shall exercise, on and from the appointed day, all the

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