“No ordinary parliamentary law can stop the Supreme Court from exercising its constitutional power to hear appeals. If so, the Bench may refer the appeals to a larger Bench of at least five judges of the Supreme Court. It is not that mere procedure in a statute can negate the Constitution-given powers of the Supreme Court to entertain appeals. Karnataka, represented by senior advocate Fali Nariman, had submitted that the parliament cannot restrict the Supreme Court. Article 136 - the appellate powers of the Supreme Court is a discretionary power.... Parliament cannot curtail the Supreme Court's powers to render justice," Mr. Nariman countered.
Source: The Hindu October 19, 2016 12:50 UTC