Introduction
This is Chapter was added to the Constitution by the Constitution(42nd amendment) Act, 1976. It consists of two Articles - Article 223-A and 223-B, Article 223-A provides for the establishment of Administrative Tribunals by a Parliamentary law for determining disputes relating to recruitment and conditions of service of Governments under the Union Government and the State Governments. Article 223-B provides for the creation of Tribunals for the determination of disputes, complaints and offences relating to tax matters, exports and imports, labour, and industrial disputes, service matters, supply of essential commodities, the elections to the parliament and the state Legislatures.
Administrative Tribunals for service matter-Article 223-A
Article 223-A provides for the establishment of Administrative Tribunals by a Parliament law for the adjudication or trial of disputes and complaints relating to the recruitment and conditions of service of Government servants under the Central Government and the State Government includes the employees of any local or other authority within the territory of India or under the control of the Government of India or of a corporation owned or controlled by the Government. Such a law may provide for the establishment of a tribunal for the Union and separate tribunals for each State or for two or more States. Such a law will also make provisions for -
The jurisdiction, power(including the power to punish for contempt) and authority to be exercises by the above tribunals;
The procedure to be followed by the above tribunals;
The exclusion of the jurisdiction of all courts, except the jurisdiction of the Supreme Court under Article 136;
The transfer of all cases to the tribunals which were pending before any court or authority before the establishment of such tribunals;
Repeal or amend any order made by the president under clause (3) of Article 371-D;
Supplementary or incidental or consequential provisions for the effective functioning of such tribunals.
In Union of India v. Deep Chand Pandey, the question was whether the Central Administrative Tribunal has jurisdiction to decide the claims of respondents who were engaged only on casual basis in the office of Central Railway whose services were wrongly terminated. The contention of the respondent was that since they ware not holding any civil post under the Union of India and engaged only on casual basis the provisions of Administrative Tribunal Act did not apply to them. The Court however held that the scope of Art. 323-A is very wide and by enacting 1985 Act this power has been exercised in almost full measure. Section 14 and Section 3(q) of the Act clearly indicate that the Act covers a very wide field. The remedy of the respondents was before the Tribunal and not the High Court which jurisdiction has been taken.
Tribunals for other matters - Article 323-B Article 323-B empowers Parliament and the State Legislature to establish tribunals for the adjudications of any disputes, complaints or offences with respect to all or any of the adjudications of any disputes, complaints or offences with respect to all or any of the matters specified in clause (2) of this Article. The matters referred to in clause(2) are the following, namely-
(a) Levy, assessment. collection and enforcement of any tax;
(b) foreign exchange and export;
(c) industrial and labour disputes;
(d) land reform laws enacted under Article 31-A of the constitution;
ceiling on urban property;
(e) election disputes of Members of Parliament or the State Legislatures, but excluding the matters referred to in Article 329 and 329-A. These Articles have taken away the jurisdiction of the Courts to decide election disputes of the Prime Minister and Speaker of the Lok Sabha;
(f) production, procurement, supply and distribution of foodstuffs and essential goods and control of prices of such goods;
(h) [rent, its regulation and control and tenancy issues including the rights, title and interests of landlords and tenants]
(i) offences against laws with respect to any of the matters specified in sub-clauses (a) to (h) and fees in respect of any of those matters;
(j) matters incidental to any of the matters specified in the above sub-clauses. Such a law will define the jurisdiction and powers of such tribunals and will lay down procedure to be followed by the said tribunals.
Exclusion of jurisdiction of Courts - Articles 323-A and 323-B provide for the exclusion of the matters mentioned in these Articles from the jurisdiction of "all courts" except the jurisdiction of the Supreme Court under Arts. 32 and 136 of the Constitution. These Articles thus deprive the High Courts of their writ jurisdiction under Article 226 in matters specified therein. The object of this new provision is to remove the hurdles in the implementation of laws providing for socio economic reforms.
Appeal in Supreme Court by Special Leave - Art - 136 - Though the writ jurisdiction of the High Court an aggrieved party can still go to the Supreme Court under Article 136 of the Constitution.
Establishment of Administrative tribunals and Benches - In exercise of its power under Article 323-A Parliament has passed the Administrative Tribunal Act 1985, empowering Central Government to establish Administrative Tribunals. The Central Government shall by notification establish one Central Administrative Tribunal and , on request by any State Government, establish an Administrative Tribunal for the State. There may be one administrative tribunal for one state on for several States. The Administrative Tribunals with the main bench at Delhi and eight additional branches at different States were established and started functioning with effect from Nov. 1, 1985.
Extent of the Act - The Act extend to whole of India except Jammu and Kashmir.
Applicability of the Act - The Act applies to all Central Government employees except -
(a) The members of naval, military, or air forces or any other armed forces of the Union;
(b) Any officer or servant of the Supreme Court or any High Court;
(c) Any person appointed to the secretariat staff of either House of the Parliament (Section 2).
Composition of Tribunals and Bench- Each Tribunals shall consist of a Chairman and such number of Vice-Chairman and Judicial and Administrative Members as the appropriate Government may deem fit. The additional Benches must consist of one judicial Member and one Administrative Member.
Qualification , Term and Removal of members - A person shall not be appointed as Chairman unless he (a) is or has been a judge of a High Court or (b) has for two years held the office of Vice-Chairman, or has for two years held the post of a Secretary to the Government of India or holding other post carrying the scale of pay of secretary.
No person can be appointed as the Vice-Chairman unless he (a) is or has been a judge of High Court; (b) has for 2 years held the post of Secretary to the Government or holding other post carrying the same pay scale under the Central or State Government of India or other post carrying the scales of pay of Additional Secretary. A person to be appointed as a judicial member must (a) be or have been a judge of the High Court, or (b) have been a member of India Legal Service and has held a post in Grade I of the Service for at least 3 years.
A person to be appointed as an Administrative Member must (a) have held the post of an Additional Secretary to the Government of India or other equivalent post for at least 2 years or (b) have held the post of a Joint Secretary to the Government of India or other equivalent post, (c) have adequate administrative experience (Section 6).
The Chairman, Vice-Chairman and other Members shall be appointed by the President. The Judicial Members shall be appointed by the President with the consultation of the Chief Justice of India. The Chairman, Vice-Chairman and other members of the Tribunal for a state shall be appointed by the President after consultation with the Governor of the concerned State.
The Chairman, Vice-Chairman or other Members shall hold office for a term of 5 years or until he attains (a) in the case of the Chairman or Vice-Chairman the age of 65 years, and (b) in the case of other members the age of 62 years(section 8).
The Chairman, Vice-Chairman or Members may resign from his post by writing to the President. They shall be removed from their office only by an order made by the President on the ground of proved misbehavior or incapacity after an enquiry made by a judge of the Supreme Court. They shall have the right to be informed of the charges against them and shall be given a reasonable opportunity of hearing. The Central Government may by rules regulate the procedure for the investigation of the charges against them (Section 9).
Jurisdiction of Central Tribunal - The Central Tribunal shall exercise all the jurisdiction, powers and authority exercisable immediately before that day by all Courts except the Supreme Court in relation to :
(a) recruitment to any All India Service or to any civil service of the Union or a civil post under the Union or civilian employees of defence services;
(b) all service matters of the above mentioned employees, and also of employees of ant local or other authority within the territory of India or under the control of the Government of India or if any corporation or society owned or controlled by the Government;
(c) all service matters of such persons whose service have been placed by the State Government or any local or other authority or any corporation at the disposal of the Central Government;
In S.P. Sampat Kumar v. Union of India, the Constitutional validity of Administrative Tribunal Act, 1985, was mainly challenged on the ground that the impugned Act by excluding the jurisdiction of the High Courts under Articles 226 and 227 in service matters had destroyed the judicial review which was an essential feature of the Constitution.
A five judges Bench of the Court upheld the validity of the Act, except Section 6(1)(c). The Court held that though the Act has excluded the judicial review exercised by the High Courts in service matters, but it has not excluded it wholly as the jurisdiction of the Supreme Court under Art. 32 and 136 has been kept intact. Thus there is a forum where matters of importance and grave injustice can be brought for determination or rectification. A law passed under Article 323-A providing for the exclusion of the jurisdiction of High Courts must provide for an effective alternative institutional mechanism or authority for judicial review. The judicial review which is an essential feature of the Constitution can be taken away from the particular area only if an alternative effective institutional mechanism or authority is provided.
The Court also held that if the amendments in the provisions of the Act particularly in Sections 4,6 and 8 as suggested by the Supreme Court were carried out within a reasonable period, that is, upto March 31, 1987 so as to make the Administrative Tribunal established under the Act an equally effective and efficacious alternative to the High Court the Act would be valid.
However, Section 6(1)(c) to the Act was held to be unconstitutional as it gave unfettered power of the Government to appoint The Chairman, Vice-Chairman and Administrative Member of the Tribunal. These appointments must be made by the Government only after consultation within the Chief Justice of India and which must be meaningful and effective.
The Court recommended that the term of 5 years prescribed under the Act for Chairman, Vice-Chairman and other members of the Tribunal is not reasonable and it would act as disincentive for good persons to accept the job in the Tribunal and should, therefore, be reasonably increased.
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