Which Article of the Constitution of India deals with administrative t...
Article 323-A of the Constitution of India deals with administrative tribunals.
Explanation:
Administrative tribunals are specialized bodies that have been established under Article 323-A of the Constitution of India to hear and resolve disputes and grievances related to the recruitment, conditions of service, and disciplinary matters of public servants. These tribunals provide an alternative forum for resolving administrative disputes, separate from the regular courts.
Key Points:
1. Article 323-A: Article 323-A was inserted in the Constitution by the 42nd Amendment Act, 1976. It empowers the Parliament to establish administrative tribunals for the adjudication of disputes and complaints related to the recruitment and conditions of service of public servants.
2. Establishment of Tribunals: Under Article 323-A, the Parliament has the power to establish administrative tribunals at both the central and state levels. These tribunals are responsible for hearing and deciding matters concerning the recruitment, appointment, promotion, and conditions of service of public servants.
3. Composition and Powers: The composition and powers of the administrative tribunals are determined by the Parliament through legislation. These tribunals are vested with the powers of a civil court, including the power to summon witnesses, receive evidence, and enforce the attendance of witnesses and the discovery and production of documents.
4. Exclusion of Jurisdiction: Once an administrative tribunal is established for a particular category of cases, the jurisdiction of regular courts in those matters is excluded. This means that the administrative tribunals have exclusive jurisdiction over the matters assigned to them, and the regular courts cannot entertain such cases.
5. Judicial Review: The decisions of administrative tribunals can be challenged in the High Courts and the Supreme Court through writ petitions under Article 226 and Article 32 respectively. The High Courts and the Supreme Court have the power to examine the legality, correctness, and propriety of the decisions of the administrative tribunals.
In conclusion, Article 323-A of the Constitution of India deals with administrative tribunals. These tribunals provide a specialized forum for resolving disputes and complaints related to the recruitment and conditions of service of public servants, and their decisions can be challenged in the High Courts and the Supreme Court.
Which Article of the Constitution of India deals with administrative t...
In pursuance of Article 323 A, the Parliament has passed the Administrative Tribunals Act in 1985. The act authorises the Central government to establish one Central administrative tribunal and the state administrative tribunals. This act opened a new chapter in the sphere of providing speedy and inexpensive justice to the aggrieved public servants.