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VOLUME – V CHAPTER 1

procedures, and if there is proper exercise of jurisdiction in accordance

with the norms of the Armed Forces, the High Court or this Court have

been circumspect in interfering with the same, keeping in mind the

significance of the role performed by the Armed Forces.

25. While we agree with the aforesaid principle, we are unable to

appreciate the observations in the case of Major General Shri Kant

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Sharma & Anr. , which sought to put an embargo on the exercise of

jurisdiction under Article 226 of the Constitution, diluting a very

significant provision of the Constitution which also forms the part of

basic structure. The principles of basic structure have withstood the test

of time and are emphasized in many judicial pronouncements as an

ultimate test. This is not something that can be doubted. That being the

position, the self-restraint of the High Court under Article 226 of the

Constitution is distinct from putting an embargo on the High Court in

exercising this jurisdiction under Article 226 of the Constitution while

judicially reviewing a decision arising from an order of the Tribunal.

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(supra)
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