Question

A seven member bench of the Supreme Court unanimously struck down clauses 2(d) of Art.323 A and Clause 3(d) of Art 323B of the Constitution relating to tribunals which excluded the jurisdiction of High Court and Supreme Court. The court held that power of judicial review over legislative action is vested in the High Court under Art.226 and in the Supreme Court under Art.32. This is an integral part of the basic structure of the constitution. Name the case:

• A. L.Chandra Kumar v. Union of India
• B. KihotaHollohon v. Zachilhu
• C. Nagaraj v. State of A.P.
• D. Rajendra Singh Rana v. Swami Prasad Maurya

Answer 1

The Correct Option is A

The Correct Option is (A):L.Chandra Kumar v. Union of India

Answer 2

The question describes a seven-judge bench that struck down provisions excluding judicial review by the High Courts and Supreme Court over tribunal decisions, holding that power of judicial review under Articles 226 and 32 is part of the basic structure. Let's check each case against this description.

1. L.Chandra Kumar v. Union of India: This 1997 seven-judge bench decision is exactly the case described. It struck down clause 2(d) of Article 323A and clause 3(d) of Article 323B, which had excluded the jurisdiction of High Courts and the Supreme Court over tribunal orders, and held that judicial review under Articles 226/227 and 32 is part of the basic structure of the Constitution.
2. Kihota Hollohon v. Zachilhu: This case dealt with the constitutional validity of the Tenth Schedule on anti-defection, not with Articles 323A or 323B or tribunal jurisdiction.
3. Nagaraj v. State of A.P.: This case examined the validity of Articles 16(4A) and 16(4B) on reservation in promotion, an entirely different subject matter from tribunal jurisdiction.
4. Rajendra Singh Rana v. Swami Prasad Maurya: This case concerned a Speaker's decision on disqualification of MLAs under the anti-defection law, again unrelated to tribunals or Articles 323A/323B.

Only L. Chandra Kumar matches both the subject matter, Articles 323A and 323B, and the seven-judge bench composition described in the question.

The correct answer is L.Chandra Kumar v. Union of India.