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december 2004

Supreme Court of India · 2004-12-03

State Of West Bengal vs Ashish Kumar Roy And Ors

Citation / case number
AIR 2005 SUPREME COURT 254
Court
Supreme Court of India
Petitioner
State Of West Bengal
Respondent
Ashish Kumar Roy And Ors
Bench
Shivaraj V. Patil, B.N. Srikrishna

Judgment text excerpt

The Supreme Court upheld the Calcutta High Court's ruling that certain provisions of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, including Section 9, are ultra vires the Constitution, violating Articles 226 and 227, which protect the High Court's jurisdiction. The Court emphasized that the Tribunal lacks the necessary attributes to be considered a valid tribunal under Article 323B(1)(d). The judgment reinforces the principle that legislative provisions cannot infringe upon the basic structure of the Constitution, particularly the power of judicial review vested in the High Courts.

State Of West Bengal vs Ashish Kumar Roy And Ors · Niyam