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september 2004

Supreme Court of India · 2004-09-17

M.P. HIGH COURT BAR ASSOCIATION vs UNION OF INDIA .

Citation / case number
SC 2002/13350
Court
Supreme Court of India
Petitioner
M.P. HIGH COURT BAR ASSOCIATION
Respondent
UNION OF INDIA .
Author
C.K. THAKKER R.C. LAHOTI
Bench
C.K. THAKKER CJI R.C. LAHOTI

Judgment text excerpt

The Supreme Court addressed the constitutionality of Article 323A of the Constitution and the Administrative Tribunals Act, 1985, affirming that while Article 323A allows for the establishment of Administrative Tribunals, it does not inherently remove the jurisdiction of the courts, except for the Supreme Court under Article 136. The Court held that the Madhya Pradesh High Court Bar Association has the locus standi to challenge the constitutionality of the Act, emphasizing the importance of judicial oversight in matters concerning public service. The judgment reinforced the principle that legislative provisions must align with constitutional mandates, particularly regarding access to justice.

M.P. HIGH COURT BAR ASSOCIATION vs UNION OF INDIA . · Niyam