S.P.BHARUCHA, K.T.THOMAS, S.SAGHIR AHMAD, K.VENKATASWAMI, M.M.PUNCHHI, A.M.AHMADI, K.RAMASWAMY
L. Chandra Kumar – Appellant
Versus
Union of India and others – Respondent
A.M. AHMADI, C. J. :---The special leave petitions, civil appeals and writ petitions which together constitute the present batch of matters before us owe their origin to seperate decisions of different High Courts and several provisions in different enactments which have been made the subject of challenge. Between them, they raise several distinct questions of law; they have, however, been grouped together as all of them involve the consideration of the following broad issues :
(1) Whether the power conferred upon Parliament or the State Legislatures, as the case may be, by sub-clause (d) of Clause (2) of Article 323-A or by sub-clause (d) of Clause (3) of Article 323-B of the Constitution, to totally exclude the jurisdiction of 'all courts', except that of the Supreme Court under Article 136, in respect of disputes and complaints referred to in Clause (1) of Article 323-A or with regard to all or any of the matters specified in Clause (2) of Article 323-B, runs counter to the power of judicial review conferred on the High Courts under Articles 226/227 and on the Supreme Court under Article 32 of the Constitution?
(2) Whether the Tribunals, constituted either under Article
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