Question
Which statement about presidential assent to
constitutional amendments is correct postKesavananda and related jurisprudence?Solution
Part XIV-A of the Constitution, introduced by the 42nd Constitutional Amendment Act, 1976, deals specifically with Tribunals. Articles 323A and 323B empower Parliament (and State Legislatures in certain cases) to establish administrative and other tribunals for adjudication of disputes relating to service matters, taxation, industrial disputes, land reforms, and other specified subjects. The objective was to reduce the burden on regular courts and provide specialized, speedy justice. However, in L. Chandra Kumar v. Union of  India (1997), the Supreme Court held that while tribunals are valid, the power of judicial review of High Courts under Article 226 and the Supreme Court under Article 32 forms part of the basic structure and cannot be excluded. Thus, tribunals are supplemental, not substitutes for constitutional courts.
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