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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


     


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