A.M.BHATTACHARJEE, AMULYA KUMAR NANDI
ACHINTA KUMAR SAHA – Appellant
Versus
STATE & ANOTHER – Respondent
A. M. Bhattacharjee, J. :- Our jurisdiction conferred by Article 227 of the Constitution can be taken away or otherwise affected only by or under the authority of the Constitution and not by any legislation whatsoever without such authority. That is why the provisions of Article 323A and Article 323B constituting Part XIV-A of the Constitution had to be inserted by way of Constitutional Amendment in 1976 to enable Parliament and other Legislatures to exclude our Constitutional Jurisdiction under Articles 226 and 227 in respect of matters to be adjudicated or tried by Tribunals to be constituted pursuant to the provisions of those Articles. When the paramount law of the land has conferred a jurisdiction, no other law can alter, circumscribe or take its way save under the express authority of that paramount law.
2. In this Court, there does not appear to be any appreciable difference of opinion as to the Collector being otherwise amenable to our superintending jurisdiction under Article 227 while discharging his functions under section 6A of the Essential Commodities Act, 1955 in ordering confiscation of the essential commodities seized in pursuance of an Order made under Se
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