Which of the following statements is NOT correct?a)Article 323 provide...
Answer: a
Explanation: Article 323 A empowers the Parliament to provide for the establishment of administrative tribunals for the adjudication of disputes relating to recruitment and conditions of service of persons appointed to public services of the Centre, the states, local bodies, public corporations and other public authorities. The Central Administrative Tribunal (CAT) was set up in 1985 with the principal bench at Delhi. The CAT is a multi-member body consisting of a chairman and members. Its members are drawn from both judicial and administrative streams and are appointed by the president. They hold office for a term of five years or until they attain the age of 65 years, in case of chairman and 62 years in case of members, whichever is earlier.
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Which of the following statements is NOT correct?a)Article 323 provide...
Explanation:
The correct answer is option 'A'. Let's understand why.
Article 323
- Article 323 of the Indian Constitution provides for the establishment of administrative tribunals to handle disputes and grievances related to recruitment, service conditions, and other administrative matters of public servants.
- These tribunals are meant to provide an alternative and specialized forum for the resolution of such disputes, ensuring speedy and efficient justice.
The Central Administrative Tribunal (CAT)
- The Central Administrative Tribunal was indeed set up in 1985, in accordance with Article 323A of the Indian Constitution.
- The CAT is a quasi-judicial body that adjudicates disputes and complaints related to recruitment, promotion, and service conditions of public servants in the central government and central public sector undertakings.
- It provides an independent and impartial forum for administrative justice, reducing the burden on regular courts and ensuring speedy resolution of cases.
Appointment of Members
- The members of the Central Administrative Tribunal are not appointed by the President, as stated in option 'C'. This statement is incorrect.
- The members of the CAT are appointed by the President of India on the advice of a selection committee.
- The selection committee consists of the Chief Justice of India or a judge nominated by him, the Secretary to the Government of India in the Ministry of Law and Justice, and the Secretary to the Government of India in the Ministry of Personnel, Public Grievances, and Pensions.
Term of Office
- The members of the Central Administrative Tribunal do hold office for a term of five years or until they attain the age of 65 years, whichever is earlier. This statement, mentioned in option 'D', is correct.
- The term of office ensures that there is a regular turnover of members, maintaining the efficiency and effectiveness of the tribunal.
In conclusion, option 'A' is the correct answer as Article 323 does indeed provide for the establishment of administrative tribunals, including the Central Administrative Tribunal.