Skip to main content

Tribunal :::: M LAXMIKANTH




Chapter 63

Tribunal (Part 14 A):
--42nd Amendment = Tribunals
--Type= 1)Administrative   2) for other purpose
Administrative Tribunal (AT)  (Ar 323 A):
--Took the powers(@adjudication over service dispute, civil in nature) from court to Central Gov.
--Tribunal provided= Speedy + inexpensive Justice.
--How speedy = does not follow CrPC.=follows NATURAL JUSTICE.

--2 Type Administrative = CAT(Centre)  and SAT (state)

CAT (Central Administrative Tribunal):
--Original Jurisdiction (Sidha tribunal ana hai)
--Services included= All India Services + Central Services = only Civil post.
--Services NOT included= Civil post in Defence+ Supreme court +secretarial staff of Parliament.

--Structure = 1 Chairman +65  Member
                    >Member = equivalent to HC judge.
                    >Appointed by = President
                    >Recommended by=high power selection Committee= Chaired by sitting judge of SC nominated by CJI.===Approved by Appointed Committee of Cabinet.
--Tenure= 5 Year /65 Age for member(62 for chairman).
--Appeal against: = First to HC then to SC.
                  >Although Members of Tribunal is equivalent to HC judges----for appeal you need to go HC first= because  “SC ruled that bypassing HC= attack on Judicial review power of HC”.

SAT (State Administrative Tribunal):
--Original jurisdiction of State employee.
--created/removed  by Centre on the request of State.
--Structure= Chairman + Member= appointed by President on consultation by Governor.
--Joint SAT=for two or more States.
--9 states have it…..many removed (by requesting  the centre.)

For other Purpose (Ar 323 B):
--Parliament / State = can create tribunals for:
   >Taxation +Foreign exchange, import and export +Industrial and labor  + Land reform+ ceiling on urban property + Election (Legislature) + food stuffs +Rent and Tenancy .
323 A (Administrative Tribunals)
323 B (for other purpose)
Created by
Centre (both CAT + SAT)
Centre/ State
Scope
Deals with  matters of “Public Services”
Other matter
Hierarchy
Nope= only 1 for Centre and State
Yes….as multiple tribunal


     


Labels:

Comments

Post a Comment

Popular posts from this blog

evaporation

what causes water to evaporate every fluid (pure) has a definite vapor pressure at a fixed temperature , now if any how the partial presuure of the fluiid is less then the the vapor pressure of the fluid then the fluid starts evaporating to attain the partial pressure equal to the  vapor pressure of the fluid, and then the equllibrium is reached and evaporation stops.                              basically at the top of the fluid there is a random motion of the fluid molecule due to the difference between the adhasive and cohesive forces, some molecule say 'n' goes into the vapur phase and some strikes back say m such that n>m then after the above explained condition is achived then the constraint m=n. conclusion whenever there is the fluid in liquid state is  present then in that system partial pressure is exactly to the va...
Post a Comment
Read more

Fundamental Right

 Article 22 22(1): ->Arrested person should be provided with "REASON FOR ARREST" ->LAWYER of his choice 22(2): ->arrested person should be brought before MAGISTRATE within 24 hour (minus travel time to magistrate) 22(3): -> 3 means TRISHUL 🔱 --> 22(1) and 22(2)  not applied : ==for enemy alien  ==If arrested for preventive detention law 22(4): ->NO PREVENTIVE DETENTION law shall authorise MORE then 3 MONTH detention unless: == advisory body having HC judge equivalent has reported for extention before expiry of said duration 22(5): ->Detained PERSON should be briefed about GROUND OF DETENTION 22(6): -> 22(5) cant force authority to disclose facts related to order which such authority considers to be against public interest to disclose. 22(7): Parliament may by law extend 3 month detention without obtaining opinion from advisory body{22(4)}  
Post a Comment
Read more

NITI Aayog::: M LAXMIKANTH

Chap 52 NITI AAYOG -- Created by “Executive Resolution” ….resolution of Cabinet . --Therefore its neither a constitutional body nor Statutory body (not by Parliament) --Replaced “Top to Bottom” approach of Planning commission. -- NEED= after liberalization>>>diff states achieved diff economic stage>>>diff requirement>>> “ one size filts all ” formulae of top to bottom   = now redundant. Compostion: ( follows structure of Council of minister): --Chairman = PM --Vice Chairman= Appointed by PM (rank of Cabinet minister) --Members =(of Minister rank)    >Full time(Permanent)=Expert in the field …..appointed by PM    >Part time(temp)= Max 2…from leading University+Reserch institute……Appointed by PM    >Ex-officio= like ministers at centre….Ex- Amit shah, Home minister…..Appointed by PM.    >CEO=(rank of union council of minister) Appointed by PM --Other members:   >Form...
Post a Comment
Read more