JURISDICTION
vinod satpute
(Querist) 15 February 2009
This query is : Resolved
If any special tribunal established by the parliament,has the right to bar the jurisdiction of the Supreme Court, OR
when can Supreme Court bar its own jurisdiction..
For instance , the trial of the terrorists under a Special Tribunal.
i need your expert advice please do help me...
Thank you and regards
Rajesh Kumar
(Expert) 15 February 2009
Right to approach Supreme Court under Constituional remedy under Article 136 (or remedy even under Art 226) cannot be barred under any statutory law. A statute cannot bar a right given under the constitution.
Manish Singh
(Expert) 16 February 2009
yes i agree with Rajesh sir. jurisdiction of SC cant be barred by any act/legislation.
K.C.Suresh
(Expert) 16 February 2009
How can SC bar its jurisdiction? what you mean by that bai.
ARVIND JAIN
(Expert) 16 February 2009
NO NOT POSSIBLE CONSTITUTIONALY.
M. PIRAVI PERUMAL
(Expert) 16 February 2009
By a Statute jurisdiction of Supreme Court cannot be barred.
Murali Krishna
(Expert) 16 February 2009
High Court and Supreme Court being constitutional courts and are forming basic structure of the Constitution, question of barring their jurisdiction does not arise.
Parliament enacted Administrative Tribunals Act, and under Sec 29 jurisdiction of High Court was barred.
However, Supreme Court in L.Chandra Kumar's case held that power of High Court obtained from the Constitution and hence nobody can oust such power and held that the section was unconstitutional.
Uma parameswaran
(Expert) 16 February 2009
Right to bar the jurisdiction of the supreme court is lies on constitution only.
PALNITKAR V.V.
(Expert) 16 February 2009
Jurisdiction of SC can not be barred. Even the Acts placed in Ninth Schedule can be challenged on certain grounds.
Sushil Kumar Bhatia
(Expert) 16 February 2009
Dear,
There are several acts/laws enforced by the parliament which barring judiciary to interfere.
Manish Singh
(Expert) 17 February 2009
Dear Mr. Bhatia,
even if legislature bars jurisdiction of the SC on any subject, it always amounts to unconstitutionality and the apex court can struck it down.
Kamlesh soni
(Expert) 18 February 2009
I do agree with Mr. Rajesh & like other opinioned persons
Y V Vishweshwar Rao
(Expert) 15 August 2009
The SC declares that an Act is Constitutional or otherwise - The powers of the SC are under the Constitution and all the Acts are in pursuance of the Constitutional Provisions. The Powers of SC always remains with it, to rectify, correct , or set rigth any issues, which is against the Constitution .
RAKHI BUDHIRAJA ADVOCATE
(Expert) 16 February 2009
