Supreme Court of India · 2007-05-18
Union Of India vs R. Gandhi
- Citation / case number
- AIR 2007 SC (SUPP) 1024
- Court
- Supreme Court of India
- Petitioner
- Union Of India
- Respondent
- R. Gandhi
- Bench
- K.G. Balakrishnan, D.K. Jain, V.S. Sirpurkar
Judgment text excerpt
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 significant jurisdiction from High Courts. The Court held that while Parliament has legislative competence 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 to Tribunals raises constitutional concerns regarding separation of powers and judicial independence. The matter was referred to a Constitution Bench for further examination due to its significant implications.