Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administrative Tribunals Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Administrative Tribunals Act, 1985 (13 of 1985) |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Case Allowed |
Headnote | Administrative Tribunals Act, 1985: ss. 4, 5, 6 & 28-Exclusion of the jurisdiction of the High Court under Arts. 226 and 227 in service matters- Constitutional validity of-Chairman, Vice-Chairman and Members Qualifications and mode of appointment to make the Tribunal equally efficacious and effective alternative to the High Court-Benches and Circuits of Tribunal-Setting up of Constitution of India, Arts. 226, 227, 32, 136, 323A and 368-Judicial review-Exclusion of-When permissible.Clause (1) of Art. 323-A, brought in by Constitution ( 42nd Amendment) Act, 1976, authorised Parliament to provide by law for the adjudication or trial by administrative tribunals of disputes and complaints; with respect to recruitment and conditions of service of persons appointed to public services. Clause (2)( d) of that Article envisaged exclusion of the jurisdiction of all courts, except the jurisdiction of the Supreme Court under Art. 136 with respect to the disputes or complaints referred to in cl. (1 ).Section 28 of the Administrative Tribunals Act, 1985 originally enacted within the ambit of Art. 323-A, provided for exclusion of jurisdiction of the Supreme Court under Art. 32. The Act as amended by the Administrative Tribunals (Amendment) Ordinance, 1986, replaced by Act No.19 of 1987 now saves the jurisdiction of Supreme Court both under Art. 32 in respect of original proceedings as also under Art. 136 for entertaining appeals. Section 6(1) of the Act which lays down qualifications of Chairman, states that he should be or have been (a) a Judge of a High Court, or (b) has for at least two years held office of Vice-Chairman, or (c) has for at least two years held the post of Secretary to the Government of India. Sub-section (2) provides that a Vice- Chairman should be or have been (a) a Judge of a High Court, or(b)for at least two years held the post of a Secretary to the Government of lndia, or (bb) for at least five years held the post of Additional Secretary to the Government of India, or (c) for a period of not less than three years held office as a Judicial MemberĀ·of an Administrative Tribunal. Sub-section (3) states that the Judicial Member (a) should or should have been qualified to be a Judge of a High Court, or (b) has been a member of the Indian Legal Service, Grade 1; for at least three years. Sub-section (3A) provides that a person to he appointed as Administrative Member (a) should have for at least two years held the post of Additional Secretary to ,the Government of India, or (b) has for at least three years held the post of a Joint Secretary to the Government of India. The petitioners in these writ petitions and transfer petitions challenged the vires of the 1985 Act. It was contended that the exclusion of the jurisdiction of the High Court under Arts. 226 and 227 in service matters specified in s.28 of the Act was unconstitutional and void, and that the composition of the Tribunal and mode of appointment of Chairman, Vice-Chairman and Members was outside the scope of the power conferred on Parliament under Art. 323-A. |
Judge | Honble Mr. Justice P.N. Bhagwati |
Neutral Citation | 1986 INSC 259 |
Petitioner | S.p. Sampath Kumar Etc. |
Respondent | Union Of India & Ors. |
SCR | [1987] 1 S.C.R. 435 |
Judgement Date | 1986-12-09 |
Case Number | 12437 |
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