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september 2014

Supreme Court of India · 2014-09-25

Madras Bar Association vs Union Of India & Anr

Citation / case number
AIR 2015 SUPREME COURT 1571
Court
Supreme Court of India
Petitioner
Madras Bar Association
Respondent
Union Of India & Anr
Author
Jagdish Singh Khehar
Bench
Jagdish Singh Khehar, J. Chelameswar, A.K. Sikri, Rohinton Fali Nariman

Judgment text excerpt

The Supreme Court examined the constitutional validity of the National Tax Tribunal Act, 2005, and the Constitution (Forty-second Amendment) Act, 1976, asserting that the latter violates the basic structure of the Constitution by undermining the power of judicial review vested in High Courts. The Court held that the establishment of the National Tax Tribunal, which replaces High Courts in adjudicating tax appeals, is unconstitutional as it compromises the independence and fairness essential to judicial functions. Consequently, the Court declared the NTT Act unconstitutional, reaffirming the primacy of High Courts in tax adjudication.

Madras Bar Association vs Union Of India & Anr · Niyam