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    Question

    Consider the following statements regarding

    Tribunals: 1. The provisions regarding the Tribunals were inserted to the Constitution as per the 42nd Constitutional Amendment Act, 1976. 2. The Central Government is empowered to set up tribunals for the resolution of the service matters as per the Article 323A of the Constitution. 3. Central Administrative Tribunals are not bound by the Civil Procedure Code, 1908 but by principles of Natural Justice. 4. Currently, all states in India have tribunals dealing with the service matters of the public servants.   Select the correct answer from the codes given below:
    A 1 and 2 only Correct Answer Incorrect Answer
    B 2 and 3 only Correct Answer Incorrect Answer
    C 2 and 4 only Correct Answer Incorrect Answer
    D 1 and 3 only Correct Answer Incorrect Answer

    Solution

    • Statement 1 is correct: The original Constitution did not contain provisions regarding the Tribunals. It was added by the 42nd Constitutional Amendment Act, 1976. The provisions regarding the Tribunal are found in the Articles 323A and 323B of the Part XIV-A of the Constitution. Article 323A deals with the Administrative Tribunals whereas Article 323B deals with Tribunals for other matters. • Statement 2 is incorrect: As per the Article 323A Parliament (and not central govt.) is empowered to establish Tribunals for the adjudication of the disputes regarding the service conditions of the civil servants. The Parliament enacted the Administrative Tribunals Act, 1985 which enabled the Central Government to establish the Central Administrative Tribunals and the State Administrative Tribunals for the relief of the civil servants. • Statement 3 is correct: The Central Administrative Tribunals is guided by the principles of Natural Justice and not by the procedure mentioned as per the Civil Procedure Code, 1908. • Statement 4 is incorrect: The Administrative Tribunals Act, 1985 also empowered the Central Government to set up tribunals for the states, i.e., the State Administrative Tribunal (SAT) on the request of the state government concerned. Currently, such tribunals are functional in nine states of India, Andhra Pradesh, Himachal Pradesh, Odisha, Karnataka, Maharashtra, Madhya Pradesh, Kerala, West Bengal, and Tamil Nadu. The Tribunals have been established and removed from the states from time to time. The Act also provides for the establishment of a Joint Administrative Tribunal (JAT) for two or more states.

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