Supreme Court of India · 2014-05-09
SUBRATA CHATTORAJ vs UNION OF INDIA .
- Citation / case number
- SC 2013/16359
- Court
- Supreme Court of India
- Petitioner
- SUBRATA CHATTORAJ
- Respondent
- UNION OF INDIA .
- Author
- U D G M E N T T.S. THAKUR
- Bench
- C. NAGAPPAN T.S. THAKUR
Judgment text excerpt
The Supreme Court ruled that the power of judicial review under Articles 32 and 226 of the Constitution allows the High Courts and the Supreme Court to transfer investigations from State Police to the Central Bureau of Investigation (CBI) under the Delhi Special Police Establishment Act. The Court emphasized that this power is a basic feature of the Constitution and cannot be abridged, thereby affirming the authority of superior courts to issue directions to protect fundamental rights. The judgment reaffirmed the principles established in State of West Bengal & Ors. v. Committee for Protection of Democratic Rights, West Bengal & Ors. (2010) 3 SCC 571, regarding the scope of judicial review.