Question map
Which one of the following is not correct about Administrative Tribunals?
Explanation
Article 323A empowers Parliament to establish administrative tribunals for disputes regarding recruitment and service conditions of public servants at the Union and State levels [2]. While the Administrative Tribunals Act, 1985, initially sought to exclude the jurisdiction of all courts except the Supreme Court under Article 136, the legal landscape changed significantly after the L. Chandra Kumar case (1997). The Supreme Court ruled that judicial review by High Courts under Article 226/227 and the Supreme Court under Article 32 is part of the 'basic structure' of the Constitution and cannot be excluded . Therefore, a law cannot exclude the jurisdiction of all courts to allow only for special leave to appeal, as High Courts retain supervisory jurisdiction. Additionally, these tribunals are not bound by the strict rules of evidence but follow principles of natural justice, and the establishing law can specify their procedures [4].
Sources
- [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 36: Tribunals > ADMINISTRATIVE TRIBUNALS > p. 365
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 36: Tribunals > ADMINISTRATIVE TRIBUNALS > p. 365
- [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 36: Tribunals > TRIBUNALS FOR OTHER MATTERS > p. 366