HANS RAJ SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) C M No. 12570-CWP of 2013

(2.) Insofar as the question regarding the jurisdiction of this Court is concerned, it may at the outset be noticed that a Division Bench of this Court in the case 15165 Flight Lieutenant Onkar Singh Bawa v. Union of India and others, CWP No. 6927 of 2011 decided on 25.1.2013 inter alia observed as follows:--

(3.) In L. Chandra Kumar etc. v. The Union of India and others, 1997 AIR(SC) 1125 it was held that power of judicial review is a basic and essential feature of the Constitution. Broadly speaking, it was held that judicial review in India comprises of three aspects; (i) judicial review of legislative action, (ii) judicial review of judicial decision and (iii) judicial review of administrative action. The Judges of the Superior Courts have been entrusted with the task of upholding the Constitution and to this end have been conferred the power to interpret it. It is they who have to ensure the balance of power envisaged, by the Constitution is maintained and that the legislature and the executive do not, in the discharge of their functions, transgress constitutional limitations. Therefore, this Court going by the decision in L. Chandra Kumar's case has power of judicial review in respect of the judicial decisions of the Tribunal in terms of Article 226 of the Constitution.