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1986 Supreme(SC) 599

M. M. DUTT, P. N. BHAGWATI, RANGANATH MISRA, V. KHALID, G. L. OZA
P. Sambamurthy – Appellant
Versus
State Of A. P. – Respondent


Advocates:
A.S.NAMBIYAR, ASHOK SHARMA, B.B.Sawhney, B.KRISHNA PRASAD, B.PARTHASARTHY, C.SITARAMIAH, D.C.Taneja, G.N.Rao, K.RAM KUMAR, K.RAM MOHAN, L.N.Sinha, M.S.GANESH, M.S.Rao, MALINI KAPADIA, NARESH MATHUR, P.KRISHNA RAO, P.N.MISHRA, P.P.SINGH, S.Relan, SUBODH MARKANDAYA, SUNITA CHATTERJI, T.S.KRISHNAMURTHY IYER, T.V.S.N.Chari, VASIM A.QADRI, VRINDA GROVER

Judgment

BHAGWATI, C.J.I. :- These Writ Petitions challenge the constitutional validity of Cl. (5) of Art. 371-D, of the Constitution. Though originally when the writ petitions were filed, the constitutional validity of Cl. (3) of Art. 371-D was also assailed, this challenge was not pressed on behalf of the petitioners and the arguments were confined only to the challenge against the constitutional validity of Cl. (5) of that Article. But in order to understand the true scope and ambit of the controversy raised before us in regard to the constitutional validity of Cl. (5), it is necessary for us to refer also to the provision enacted in Cl. (3) of Art. 371-D. Cls. (3) and (5) of Art. 371-D read as follows :-

"The President may, by order, provide for the Constitution of an Administrative Tribunal for the State of Andhra Pradesh to exercise such jurisdiction, powers and authority including any jurisdiction, power and authority which immediately before the commencement of the Constitution (Thirty-Second Amendment) Act, 1973, was exercisable by any Court (other than the Supreme Court) or by any Tribunal or other authority as may be specified in the order with respect to the following mat












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