Supreme Court of India · 1986-12-20
P. SAMBAMURTHY & ORS. ETC. ETC. vs STATE OF ANDHRA PRADESH & ANR.
- Citation / case number
- SC 1971/60316
- Court
- Supreme Court of India
- Petitioner
- P. SAMBAMURTHY & ORS. ETC. ETC.
- Respondent
- STATE OF ANDHRA PRADESH & ANR.
- Author
- BHAGWATI, P.N. (),MISRA RANGNATH,KHALID, V. ,OZA, G.L. ,DUTT, M.M.
- Bench
- BHAGWATI, P.N. (CJ),MISRA RANGNATH,KHALID, V. ,OZA, G.L. ,DUTT, M.M.
Judgment text excerpt
The Supreme Court held that the Proviso to Clause (5) of Article 371-D, which allows the State Government to modify or annul orders of the Administrative Tribunal, is unconstitutional as it undermines the principles of justice and the rule of law. The Court emphasized that a party to the litigation should not have the authority to override the Tribunal's decisions, which violates the basic concept of justice. Consequently, the Court quashed the orders made by the State Government under this Proviso, reaffirming the independence of the Administrative Tribunal.