Supreme Court · 1986 INSC 283 · Decided 20 December 1986

P. Sambamurthy & ORS. ETC. ETC. v. State of Andhra Pradesh & ANR.

Court
Supreme Court of India
Citation
1986 INSC 283 · [1987] 1 S.C.R. 879
Case number
WRIT PETITION (CIVIL) No. 90/1977
Decided
20 December 1986
Bench
P.N. BHAGWATI, RANGANATH MISRA, V. KHALID, G.L. OZA, M.M. DUTT (5-judge bench)
Outcome
Case Allowed
Case type
Writ / Constitutional
Acts & sections cited
Constitution Article 371

Headnote

Constitution of India, 1950--Art. 371-D, els. (3) and (5)­ Amending Power of Parliament-Exclusion of High Court's power of judicial review by an enactment-Not violative of basic structure doctrine-If the enactment provides for an equally effective and efficaci­ ous for judicial review-Proviso to cl. (5)-Conferring power on State Government-To modify or annul final order of Administrative Tribunal-Held, violative of basic structure doctrine, against concept of justice and principle of rule of law-Held, ultra vires the amending power of Parliament-Main

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