Union Of India (Uoi) vs R. Gandhi

The Supreme Court examined the validity of the Companies (Second Amendment) Act, 2002, which established the National Company Law Tribunal and National Company Law Appellate Tribunal, transferring most High Court jurisdictions in company matters to these Tribunals. The Court highlighted that while legislative competence exists under Entries 77, 78, 95 of List I, Entry 65 of List II, and Entry 11A of List III, the extent of transferring judicial powers traditionally held by High Courts, except for judicial review under Articles 226 and 227, remains unaddressed. The Court concluded that the significant constitutional implications necessitate a fresh examination by a Constitution Bench.