Question

Which of the following statements are correct regarding the Administrative Tribunals Act, 1985?

i. The Act empowers the Central Government to establish both Central and State Administrative Tribunals.

ii. The Act allows the establishment of Joint Administrative Tribunals (JATs) for two or more states.

iii. The CAT is bound by the Civil Procedure Code of 1908 for its proceedings.

iv. The Act was passed in accordance with Article 323A of the Constitution.

v. The Chairman and Members of the CAT are appointed by the State Government.

• A. i, ii, and iv
• B. i, iii, and v
• C. ii, iii, and iv
• D. i, ii, and v

Answer 1

Answer:

A. i, ii, and iv

Administrative Tribunals Act, 1985: Key Provisions and Constitutional Basis

Background and Constitutional Mandate:

• The Administrative Tribunals Act, 1985, was enacted to establish a specialized mechanism for the adjudication of service-related disputes concerning government employees.
• It was enacted in pursuance of Article 323A of the Indian Constitution, which empowers Parliament to make laws for the establishment of administrative tribunals.
• Article 323A specifically provides for the creation of Central Administrative Tribunals (CAT) and State Administrative Tribunals (SATs).

Establishment and Jurisdiction:

• Statement i is correct: The Act empowers the Central Government to establish both Central and State Administrative Tribunals. The Central Government establishes the CAT, and with the consent of the state government, can establish SATs.
• Statement ii is correct: The Act allows for the establishment of Joint Administrative Tribunals (JATs) for two or more states. This provision facilitates a common tribunal for states that may not have a sufficient volume of service disputes to warrant individual tribunals.
• The jurisdiction of these tribunals generally covers matters relating to the 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 or any corporation owned or controlled by the Government.

Procedural Aspects and Appointments:

• Statement iii is incorrect: The Central Administrative Tribunal (CAT) is not bound by the Civil Procedure Code of 1908 or the Indian Evidence Act, 1872. It is required to follow the principles of natural justice, ensuring fairness and equity in its proceedings.
• Statement v is incorrect: The Chairman and Members of the CAT are appointed by the Central Government, not the State Government. For SATs, the appointment is made by the President after consultation with the Chief Justice of the concerned High Court.
• Statement iv is correct: The Act's very foundation lies in Article 323A, thus it was passed in accordance with this constitutional provision.

Significance for Competitive Exams:

• Understanding the constitutional basis (Article 323A) is crucial.
• Distinguishing between the powers of the Central Government and State Governments in establishing tribunals and appointing personnel is a common exam focus.
• Knowledge of the procedural flexibility (not being bound by CPC and Evidence Act) is important.