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Zorluk: OrtaIndian Judiciary: Supreme Court, High Courts, Judicial Review, and PIL

With regard to the constitutional powers of the judiciary as a 'Court of Record' and tribunal oversight under the Constitution of India, evaluate the following statements:

Statement I: A High Court, as a court of record under Article 215, possesses inherent power to punish for contempt of itself as well as for contempt of courts subordinate to it.
Statement II: The Supreme Court's power to punish for contempt under Article 129 is limited strictly to contempt of the Supreme Court itself and cannot be extended to subordinate courts.
Statement III: The power of judicial review exercised by High Courts under Article 226 over decisions of administrative tribunals established under Article 323A forms part of the basic structure of the Constitution.

Which of the statements given above are correct?

  1. Statements I and III onlyCevap
  2. B
    Statements I and II only
  3. C
    Statements II and III only
  4. D
    Statements I, II, and III

Cevap

Statements I and III only
The correct option identifies Statements I and III as true. Under Article 215, High Courts are courts of record with inherent authority to punish for contempt of both themselves and subordinate courts. Furthermore, the 7-judge bench in L. Chandra Kumar (1997) affirmed that High Court judicial review under Article 226 over tribunal decisions forms an inviolable part of the basic structure of the Indian Constitution.

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1
Analyze Statement I regarding High Court court of record powers under Article 215.
Statement I is correct. Article 215 designates High Courts as courts of record, giving them constitutional authority to punish for contempt of themselves and subordinate courts within their territorial jurisdiction.
High Courts act as supervisory bodies over lower judicial hierarchies under Article 227 and Article 215.
2
Analyze Statement II regarding Supreme Court contempt powers under Article 129.
Statement II is incorrect. In Delhi Judicial Service Association v. State of Gujarat (1991), the Supreme Court affirmed that Article 129 grants plenary powers to punish for contempt of any court subordinate to it across India.
The Supreme Court, as the apex court of record, maintains judicial integrity throughout the national system.
3
Analyze Statement III regarding High Court judicial review over tribunals under Article 323A.
Statement III is correct. In L. Chandra Kumar v. Union of India (1997), a Constitution Bench ruled that judicial review under Article 226/227 over administrative tribunals is part of the basic structure.
Exclusion of High Court jurisdiction under Article 323A was declared unconstitutional as judicial review cannot be completely abrogated.

Anahtar Kavram

Court of Record powers (Articles 129 and 215) and Basic Structure doctrine regarding Judicial Review over Tribunals (L. Chandra Kumar case)
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Konular

Indian Judiciary: Supreme Court, High Courts, Judicial Review, and PIL

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