In Brief
The Supreme Court clarified that the High Court retains full power to judicially review decisions of the Armed Forces Tribunal under Article 226 of the Constitution. The Court held that judicial review is part of the Constitution's basic structure and cannot be barred by statute. While the Tribunal Act restricts Supreme Court appeals to cases involving points of general public importance, this does not eliminate the High Court's jurisdiction. The judgment overruled Major General Shri Kant Sharma case, which had created a blanket ban on High Court review. The Court distinguished between self-restraint (which High Courts should exercise) and an outright jurisdictional bar, and remanded several cases to High Courts for consideration on merits while emphasizing that High Courts should respect the Armed Forces' discipline requirements.
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