Comprehension
Ahmadi, J. (as he then was) speaking for himself and Punchhi, J., endorsed the recommendations in the following words-The time is ripe for taking stock of the working of the various Tribunals set up in the country after the insertion of Articles 323-A and 323-B in the Constitution. After the incorporation of these two articles, Acts have been enacted where-under tribunals have been constituted for dispensation of justice. Sufficient time has passed, and experience gained in these last few years for taking stock of the situation with a view to finding out if they have served the purpose and objectives for which they were constituted. Complaints have been heard in regard to the functioning of other tribunals as well and it is time that a body like the Law Commission of India has a comprehensive look-in with a view to suggesting measures for their improved functioning. That body can also suggest changes in the different statutes and evolve a model on the basis whereof tribunals may be constituted or reconstituted with a view to ensuring greater independence. An intensive and extensive study needs to be undertaken by the Law Commission in regard to the Constitution of tribunals under various statutes with a view to ensuring their independence so that the public confidence in such tribunals may increase and the quality of their performance may improve.
Before parting with the case, it is necessary to express our anguish over the ineffectiveness of the alternative mechanism devised for judicial review. The judicial review and remedy are the fundamental rights of the citizens. The dispensation of justice by the tribunal is much to be desired.
(Extracted with Edits from R.K. Jain v. Union of India, 1993 (4) SCC 119)
Before parting with the case, it is necessary to express our anguish over the ineffectiveness of the alternative mechanism devised for judicial review. The judicial review and remedy are the fundamental rights of the citizens. The dispensation of justice by the tribunal is much to be desired.
(Extracted with Edits from R.K. Jain v. Union of India, 1993 (4) SCC 119)
Question: 1
In which of the following case the Court held that though judicial review is a basic feature of the Constitution, the vesting of the power of judicial review in an alternative institutional mechanism, after taking it away from the High Courts, would not violate the basic structure so long as it was ensured that the alternative mechanism was an effective and real substitute for the High Court?
In which of the following case the Court held that though judicial review is a basic feature of the Constitution, the vesting of the power of judicial review in an alternative institutional mechanism, after taking it away from the High Courts, would not violate the basic structure so long as it was ensured that the alternative mechanism was an effective and real substitute for the High Court?
Updated On: Dec 3, 2024
- L. Chandra Kumar v. Union of India and Others 1997
- R.K. Jain v. Union of India 1993
- S.P. Sampath Kumar v. Union of India 1985
- Kesavananda Bharati v. State of Kerala 1973
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The Correct Option is A
Solution and Explanation
The Supreme Court in L. Chandra Kumar v. Union of India (1997) held that judicial review is a basic feature of the Constitution, but it also emphasized that judicial review can be exercised by alternative mechanisms, provided those mechanisms are effective and constitute a real substitute for the High Courts.
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Question: 2
The provisions of the Administrative Tribunals Act, 1985 shall not apply to:
The provisions of the Administrative Tribunals Act, 1985 shall not apply to:
Updated On: Dec 3, 2024
- Any member of the naval, military or air forces or of any other armed forces of the Union
- Officer or servant of the Supreme Court or of any High Court or Courts subordinate
- Person appointed to the secretarial staff of either House of Parliament or to the secretarial staff of any State Legislature or a House thereof or, in the case of a Union Territory having a Legislature, of that Legislature
- All of the above
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The Correct Option is A
Solution and Explanation
Section 14 of the Administrative Tribunals Act, 1985 exempts members of the armed forces (naval, military, or air) from the jurisdiction of the tribunals established under the Act. This ensures that personnel from the armed forces are not subject to the tribunals meant for civilian administrative matters.
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Question: 3
The first tribunal established in India is:
The first tribunal established in India is:
Updated On: Dec 3, 2024
- Central Administrative Tribunal
- Railway Claims Tribunal
- Armed Forces Tribunal
- Income tax Appellate Tribunal
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The Correct Option is D
Solution and Explanation
The Income Tax Appellate Tribunal (ITAT) was the first tribunal established in India, in 1941. It is a specialized body that deals with appeals against the decisions of tax authorities, marking the beginning of tribunalization in India.
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Question: 4
Articles 323-A and 323-B of the Indian Constitution for the establishment of tribunal to adjudicate disputes in specific matters. While both articles deal with tribunals, there are key differences in their scope and application. Which of the following statement correctly reflects the distinction between Articles 323-A and 323-B?
Articles 323-A and 323-B of the Indian Constitution for the establishment of tribunal to adjudicate disputes in specific matters. While both articles deal with tribunals, there are key differences in their scope and application. Which of the following statement correctly reflects the distinction between Articles 323-A and 323-B?
Updated On: Dec 3, 2024
- Article 323-A exclusively deals with administrative tribunals for public service matters, while Article 323-B deals with the tribunals for a wider range of subjects including taxation and land reforms
- While tribunals under Article 323-A can be established only by Parliament, tribunals under Article 323-B can only be established by State legislature, with matters falling within their legislative competence
- Under Article 323-A, only one tribunal for centre and no tribunal for state may be established. As far as Article 323-B is concerned, there is no hierarchy of tribunals
- Article 323-A grant tribunals the power to hear appeals directly from the Supreme Court, by passing the High Court. Under Article 323-B there is no such power
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The Correct Option is A
Solution and Explanation
Article 323-A of the Indian Constitution provides for the establishment of administrative tribunals to handle disputes related to public service matters. In contrast, Article 323-B allows the establishment of tribunals for a broader range of subjects, including taxation, land reforms, and other issues specified by Parliament.
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Question: 5
The National Green Tribunal Act was passed in the year:
The National Green Tribunal Act was passed in the year:
Updated On: Dec 3, 2024
- 2007
- 2008
- 2009
- 2010
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The Correct Option is D
Solution and Explanation
The National Green Tribunal Act was passed in 2010 to provide for the establishment of the National Green Tribunal (NGT) for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.
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