Which one of the following is not correct about Administrative Tribuna...
Article 323A provides that Parliament may by law establish tribunals for adjudication of disputes concerning recruitment and conditions of service of persons appointed to public service under Central, State or any Local or other authority or a corporation owned or controlled by the Government of India. The law made by Parliament for the purpose may specify the jurisdiction and procedure of the tribunals. Under clause 2(d), the law may exclude the jurisdiction of all courts except that of the Supreme Court under article 136 with respect to the service matters falling within the purview of the tribunals.
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Which one of the following is not correct about Administrative Tribuna...
The correct answer is option C, i.e., "Tribunals established by a law of the Parliament can exclude the jurisdiction of all Courts to allow for special leave to appeal."
Explanation:
- Administrative Tribunals are specialized quasi-judicial bodies that are established by the Parliament or State Legislatures to adjudicate disputes and complaints related to administrative matters.
- These tribunals are created with the objective of providing speedy and inexpensive justice, reducing the burden on regular courts, and ensuring expert adjudication in specific areas of administrative law.
- The Administrative Tribunals Act, 1985 provides for the establishment of Central Administrative Tribunals (CATs) at the central level and State Administrative Tribunals (SATs) at the state level.
- These tribunals have the jurisdiction to hear disputes and complaints related to recruitment and conditions of service of persons appointed to public services, such as government employees, civil servants, and employees of public corporations.
- The law establishing the tribunals may provide for procedures, including rules of evidence, to be followed. This ensures that the tribunals have the necessary powers and mechanisms to effectively adjudicate the matters brought before them.
- However, the tribunals established by a law of the Parliament cannot exclude the jurisdiction of all courts. The Constitution of India provides for the power of judicial review, which is an essential feature of the basic structure of the Constitution.
- The jurisdiction of the High Courts and the Supreme Court cannot be completely excluded by the establishment of administrative tribunals. The aggrieved parties have the right to approach the regular courts for remedies if they believe that their rights have been violated.
- Special leave to appeal can be granted by the Supreme Court in certain cases, but the jurisdiction of the regular courts cannot be entirely ousted by the tribunals.
Therefore, option C is not correct as it incorrectly states that tribunals established by a law of the Parliament can exclude the jurisdiction of all courts to allow for special leave to appeal.