High Court’s Jurisdiction in Safeguarding Fundamental Rights

In a significant ruling, a three-judge bench highlights the power of High Courts to exercise jurisdiction in cases involving the denial of fundamental rights, jurisdictional error or error apparent. This landmark decision emphasises the crucial role of the High Court in safeguarding fundamental rights and ensuring justice prevails.

Overturning a Previous Ruling

The Supreme Court overturns its own 2015 ruling, which stated that High Courts lacked the authority to entertain petitions challenging orders issued by the Armed Forces Tribunal (AFT). The recent three-judge Bench holds that this previous decision contradicted previous Constitution bench judgments and the constitutional framework.

The Correct Legal Position

The Court asserts that denying High Courts the power to rectify potential errors made by the AFT would be inconsistent with the constitutional scheme. Referring to landmark cases, the Bench clarifies that the exercise of power under Article 226 by the High Court is not a mere appeal mechanism but a vital means of judicial scrutiny.

Reaffirming the Role of High Courts

This groundbreaking ruling reaffirms the role of High Courts in upholding justice and preserving constitutional rights. By allowing High Courts to exercise jurisdiction under Article 226, the Supreme Court emphasises the importance of checks and balances within the judicial system.

Importance of Judicial Scrutiny

The Supreme Court emphasises that the first independent judicial scrutiny in matters concerning the Armed Forces lies with the AFT. High Court’s scrutiny should not be seen as a second appeal but as an essential part of judicial review and administrative jurisprudence.

Concerns and Clarifications

The judgement in the Major General Shri Kant Sharma case expressed concerns over creating an anomalous situation and bypassing the statutory framework provided by the AFT Act. The Court clarifies that the High Court can exercise jurisdiction in cases involving fundamental rights, jurisdictional error or error apparent, regardless of the nature of the matter.

Importance of High Court Jurisdiction

Restricting the jurisdiction of High Courts would leave litigants without recourse against AFT orders, as many cases may not meet the criterion for appeal to the Supreme Court based on a point of law of ‘general public importance.’ Therefore, the role of High Courts is crucial in providing recourse to aggrieved individuals.