Supreme Court of India · 2015-03-11
UNION OF INDIA vs MAJOR GENERAL SHRI KANT SHARMA
- Citation / case number
- SC 2013/5953
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- MAJOR GENERAL SHRI KANT SHARMA
- Author
- SUDHANSU JYOTI MUKHOPADHAYA
- Bench
- N.V. RAMANA SUDHANSU JYOTI MUKHOPADHAYA
Judgment text excerpt
The Supreme Court ruled that the right of appeal under Section 30 of the Armed Forces Tribunal Act, 2007 does not bar the jurisdiction of the High Court under Article 226 of the Constitution of India. The Court held that the High Court can entertain writ petitions challenging orders of the Armed Forces Tribunal, emphasizing that the power of judicial review is a fundamental aspect of the Constitution that cannot be overridden by statutory provisions. The appeals by the Union of India were dismissed, affirming the High Court's jurisdiction in these matters.