VidhiSangh

Supreme Court of India · 21/03/2023

UNION OF INDIA & ORS. versus PARASHOTAM DASS

[2023] 3 S.C.R. 598 · 2023 INSC 265

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Summary

In a batch of matters arising from the Armed Forces Tribunal, the question was whether its orders can be challenged before a High Court under Article 226, given Major General Shri Kant Sharma, which had barred that jurisdiction, and given that appeal to the Supreme Court under Sections 30 and 31 of the Armed Forces Tribunal Act, 2007 lies only on a point of law of general public importance. A three-Judge Bench held that Shri Kant Sharma does not lay down correct law and conflicts with L. Chandra Kumar, S.N. Mukherjee and Rojer Mathew: judicial review under Article 226 is part of the basic structure, Article 227(4) ousts only administrative superintendence, and no categories can be carved out. Matters dismissed as not maintainable were remitted to the High Courts.

Issues

  1. Whether orders of the Armed Forces Tribunal are amenable to the writ jurisdiction of the High Courts under Article 226 of the Constitution, and whether the decision in Union of India v. Major General Shri Kant Sharma restricting that jurisdiction lays down the correct law.
  2. Whether certain categories of matters, such as courts-martial, discipline, pension or secrecy cases, should be excluded from judicial review under Article 226.

Provisions considered

Held

Result

Appeals and writ petition disposed of: matters dismissed by High Courts as not maintainable in view of Major General Shri Kant Sharma remanded to the respective High Courts for decision on merits under Article 226; the Union's appeal in Parashotam Dass to be heard on merits by a two-Judge Bench; the Thomas Vaidyan matter remanded to the High Court; the Article 32 petition challenging Sections 30 and 31 disposed of with liberty to approach the High Court; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 598.