Question

Consider the following statements regarding the jurisdiction and functioning of Tribunals:

1. The Central Administrative Tribunal has jurisdiction over civilian posts under the Defence Services but not over members of the Defence Forces.

2. State Administrative Tribunals (SATs) are established by the Central Government on the request of State Governments.

3. Tribunals under Article 323B can adjudicate disputes related to rent and tenancy rights.

Which of the statements given above is/are correct?

• A. 1 and 2 only
• B. 1 and 3 only
• C. 2 and 3 only
• D. All of the above

Answer 1

Answer:

D. All of the above

Understanding Tribunals in India

• The concept of Tribunals was introduced in the Indian Constitution by the 42nd Amendment Act of 1976. This amendment added Part XIV-A to the Constitution, which consists of two articles: Article 323A and Article 323B.
• The primary objective behind establishing tribunals was to reduce the workload of regular courts and to provide a specialized forum for the speedy disposal of specific types of cases.

Central Administrative Tribunal (CAT)

• The Central Administrative Tribunal (CAT) was established under the Administrative Tribunals Act, 1985, enacted by the Parliament under Article 323A of the Constitution.
• Its jurisdiction extends to adjudicating 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.
• Important Distinction: CAT has jurisdiction over civilian posts under the Defence Services. This means it covers civilian employees working for the defence establishments (e.g., clerks, engineers, doctors in military hospitals). However, it does not have jurisdiction over members of the Defence Forces themselves (i.e., uniformed personnel of the Army, Navy, and Air Force). Service matters of the armed forces personnel are dealt with by the Armed Forces Tribunal (AFT), which was established under the Armed Forces Tribunal Act, 2007.

State Administrative Tribunals (SATs)

• Just like CAT, State Administrative Tribunals (SATs) are also established under the Administrative Tribunals Act, 1985.
• A significant point for competitive exams is that a SAT is established by the Central Government, but only on the specific request of the concerned State Government. This highlights the federal nature of their establishment.
• SATs exercise jurisdiction over service matters of persons appointed to public services and posts under the respective State Government.

Tribunals under Article 323B

• While Article 323A exclusively deals with administrative tribunals for service matters, Article 323B empowers Parliament and State Legislatures to establish tribunals for the adjudication of disputes relating to other matters.
• The matters that can be covered by tribunals under Article 323B include:
  • Taxation
  • Foreign exchange, import and export
  • Industrial and labour disputes
  • Land reforms
  • Ceilings on urban property
  • Elections to Parliament and State Legislatures
  • Production, procurement, supply and distribution of foodstuffs and other essential goods
  • Rent and tenancy rights
• This specific inclusion of 'rent and tenancy rights' under Article 323B means that tribunals can indeed be constituted to handle disputes related to these areas, providing an alternative to traditional civil courts for such matters.

Key Judicial Ruling (for competitive exams)

• In the landmark case of L. Chandra Kumar v. Union of India (1997), the Supreme Court declared that the power of judicial review of the High Courts and the Supreme Court is an integral and essential feature of the basic structure of the Constitution.
• Consequently, appeals against the orders of both Central and State Administrative Tribunals (and other tribunals established under Article 323B) lie directly to the respective High Courts, and not directly to the Supreme Court as was previously the case. Only after exhausting the High Court remedy can an appeal be made to the Supreme Court.