LIBERAL INTELLECTUAL PRINCIPLES – 19
Jurisdiction and Powers of High Courts
||The HC is endowed with the power of ` examining the constitutional validity of laws and executive orders of both the Central and the State governments.
constitutional amendment act, 1976 added two articles and a part to the constitution that deal with the establishment of tribunals. Article 323A and Article 323B provide for the establishment of administrative tribunals and tribunals for other matters.
Article 323A in Part XIVA of the constitution empowers the Parliament to establish administrative tribunals.
To adjudicate disputes related to the recruitment and conditions of services of public servants of central government, state governments, local bodies, public corporations and other public authorities.
It saves the time and other resources of civil courts and High Courts in the matters related to the recruitment and conditions of services of public servants. It also provides speedy remedy to the affected public servants.
The Parliament has enacted the Administrative Tribunals Act, 1985. This act empowers the Parliament to institute one Central Administrative Tribunal(CAT) and State Administrative Tribunals(SAT) on request from concerned states.
Central Administrative Tribunal(CAT):
The CAT has original jurisdiction in the matters related to the recruitment and conditions of services of public servants in All India Services, Central Civil Services, Central Civil Posts and civilian employees of military services.
The CAT consists of a Chairman and 65 members who are drawn from administrative and judiciary services. They are appointed by the President of India.
The aggrieved person, that is the public servant can appeal against the judgement of the CAT in the concerned High Court.
State Administrative Tribunal(SAT):
The SAT has original jurisdiction on matters related to the recruitment and conditions of services of public servants working under the state governments.
The chairman and other members of the SAT are appointed by the President in consultation with the concerned state governors.
Joint Administrative Tribunal(JAT):
The Administrative Tribunals Act, 1985 provides for the establishment of a JAT for two or more states. The chairman and other members of the JAT are appointed by the President in consultation with the governors of the respective states.
Tribunals for other matters:
Article 323B in Part XIVA of the constitution empowers both the Parliament and the state legislatures to establish tribunals for the following matters:
- Land reforms
- Foreign Exchange, Import and export
- Food stuffs
- Rent and tenancy rights
- Ceiling on urban property
- Elections to Parliament and state legislatures