Which one of the following is not correct about Administrative Tribunals?
Tribunals established by a law of the Parliament can exclude the jurisdiction of all Courts to allow for special leave to appeal.
Understanding Administrative Tribunals in India
Administrative Tribunals are specialized judicial bodies established in India to adjudicate disputes related to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government.
They were established to reduce the burden on traditional courts and provide speedy and expert justice in service matters. Article 323A of the Constitution empowers Parliament to establish Administrative Tribunals.
Analyzing Statements about Administrative Tribunals
Let's examine each statement provided about Administrative Tribunals:
- Statement 1: The Parliament may by law constitute Administrative Tribunals both at the Union and State levels.
This statement is correct. Article 323A(1) of the Constitution explicitly states that Parliament may, by law, provide for the adjudication or trial by Administrative Tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority.
- Statement 2: Tribunals may look into disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services.
This statement is correct. As mentioned in the purpose of Administrative Tribunals and outlined in Article 323A(1), their primary function is to handle disputes and complaints regarding the recruitment and conditions of service for public servants.
- Statement 3: Tribunals established by a law of the Parliament can exclude the jurisdiction of all Courts to allow for special leave to appeal.
This statement is not correct. While the original intent behind Articles 323A and 323B was to potentially exclude the jurisdiction of courts (specifically High Courts) in the matters assigned to tribunals, the Supreme Court in the landmark L. Chandra Kumar vs Union of India (1997) case held that the power of judicial review of the High Courts (under Articles 226/227) and the Supreme Court (under Article 32) constitutes a part of the basic structure of the Constitution. Therefore, tribunal decisions are subject to judicial review by the concerned High Court and then appeal to the Supreme Court under Article 136 (Special Leave Petition). A law establishing tribunals cannot completely exclude the jurisdiction of all courts, particularly the High Courts and the Supreme Court.
- Statement 4: The law establishing the Tribunals may provide for procedures including rules of evidence to be followed.
This statement is correct. Article 323A(2)(d) allows the law made by Parliament establishing tribunals to specify the procedure (including provisions as to the limitation of time and the evidence to be received) to be followed by these Tribunals. Administrative Tribunals are generally not bound by the strict rules of procedure laid down in the Civil Procedure Code or the strict rules of evidence laid down in the Indian Evidence Act; they are guided by the principles of natural justice.
Identifying the Incorrect Statement
Based on the analysis, the statement that is not correct about Administrative Tribunals is Statement 3. Administrative Tribunals cannot exclude the jurisdiction of the High Courts and the Supreme Court, as judicial review by these higher courts is a basic feature of the Constitution.
Revision Table: Administrative Tribunals
| Feature | Description | Relevant Constitutional Article |
|---|---|---|
| Establishment | Parliament can establish at Union & State levels | Article 323A |
| Jurisdiction Scope | Disputes on recruitment & service conditions of public servants | Article 323A |
| Procedural Powers | Law establishing tribunals can specify procedures & evidence rules | Article 323A(2)(d) |
| Judicial Review | Decisions subject to review by High Courts & Supreme Court | L. Chandra Kumar case (1997) interpreting Articles 226/227, 32, 136 |
Additional Information: Administrative Tribunals in India
The Administrative Tribunals Act, 1985 was enacted by Parliament under Article 323A. This Act provides for the establishment of a Central Administrative Tribunal (CAT) and State Administrative Tribunals (SATs).
- Central Administrative Tribunal (CAT): Deals with service matters of employees of the Central Government, including All India Services and civilians in defence services.
- State Administrative Tribunals (SATs): Established by the Central Government on specific request from the concerned State Governments to deal with service matters of State Government employees.
- The Chairman and Members of these tribunals are appointed by the President. They consist of judicial and administrative members to ensure a blend of legal expertise and administrative experience.
- Initially, decisions of Administrative Tribunals could be challenged only before the Supreme Court via special leave petition (Article 136). However, the L. Chandra Kumar case mandated that challenges must first go before a Division Bench of the concerned High Court.
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