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Ouster clauses (statutory provisions attempting to exclude judicial review of administrative decisions) are generally:
- Always valid and binding on courts
- Subject to judicial scrutiny; courts can review if clause violates Constitution or basic structure
- Valid only if approved by Supreme Court beforehand
- Applicable only to economic policy decisions
Answer: Subject to judicial scrutiny; courts can review if clause violates Constitution or basic structure
Ouster clauses and judicial review (Indian position): (a) Parliament can limit judicial review via statute, but (b) Courts retain power to review if: (i) Clause violates Fundamental Rights, (ii) Decision suffers from jurisdictional error, mala fides, or violation of natural justice, (iii) Clause itself violates basic structure (e.g., excludes review of constitutional amendments). L. Chandra Kumar (1997): Tribunals' decisions subject to HC/SC judicial review; ouster clauses cannot exclude constitutional courts' jurisdiction. Ensures constitutional supremacy over legislative attempts to immunize executive action.