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AIR 1997 SUPREME COURT 1125 ::1997 AIR SCW 1345
Supreme Court Of India
Hon'ble Judge(s): A. M. Ahmadi, M. M. Punchhi, K. Ramaswamy, S. P. Bharucha, S. Saghir Ahmad, K. Venkataswami, K. T. Thomas , JJJ

(A) Constitution of India , Art.32, Art.226, Preamble— Judicial review - Power of, over legislative action - Vested in High Court and Supreme Court under Arts. 226 and 32 respectively - Is part of basic structure of Constitution. (B) Constitution of India , Art.226, Art.227, Preamble— Judicial superintendence - Powers of High Courts, over decisions of all courts and Tribunals within their respective jurisdictions - Is part of basic structure of Constitution. (C) Constitution of India , Art.32, Art.226, Art.323A, Art.323B— Judicial review - Legislative action - Exercise of power by subordinate judiciary or tribunals created under ordinary legislations - Cannot be to the exclusion of High Court and Supreme Court - However they can perform supplemental - as opposed to substitutional - role in this respect. Though the subordinate judiciary or Tribunals created under ordinary legislations cannot exercise the power of judicial review of legislative action to the exclusion of the High Courts and the Supreme Court, there is no constitutional prohibition against their performing a supplemental - as opposed to a substitutional - role in this respect. Such a situation is contemplated within the constitutional scheme becomes....

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