UNION OF INDIA vs DELHI HIGH COURT BAR ASSON. — C.A. No. 4679/1995
Case under Section XII-A. Status: Disposed.
CNR: SCIN010058001995
Filing Date
21-Apr-1995
Registration No
C.A. No. 4679/1995
Diary Number
5800/1995
Order Date
14-Mar-2002
Document Type
Judgment - of Main Case
Disposal Type
Dismissed
Last updated 02-Jun-2026
Acts & Sections
Petitioner(s)
-
1.UNION OF INDIA
Adv. SUSHMA SURI
Respondent(s)
-
1.DELHI HIGH COURT BAR ASSON.
Case History
Case Summary: Union of India v. Delhi High Court Bar Association Decision: The Supreme Court upheld the constitutional validity of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, reversing the Delhi and Guwahati High Courts' decisions that had struck it down. The Court found Parliament had legislative competence to enact the law under Entry 45 of List I (Banking) and that the Act's provisions were neither arbitrary nor violative of Article 14. Key Reasoning: The Court rejected arguments that the Act eroded judicial independence or was unreasonable. It noted that subsequent amendments addressed initial deficiencies (adding counter-claim provisions, establishing selection committees for tribunal appointments with Supreme Court participation, and providing appellate remedies). The tribunal system was found consistent with constitutional tribunals like those for income-tax and excise, with adequate safeguards including judicial review by High Courts. This case analysis is maintained by casestatus.in based on publicly available court records.
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