under Articles 226/227 and on
the Supreme Court under Article 32 of the Constitution?
(2) Whether the Tribunals, constituted either under Article 323A ... under Article 32 of the Constitution and the High Courts under Articles 226
and 227 the Constitution. While the Tribunals constituted under Articles
323A
Article 323A in Constitution of India
323A. Administrative tribunals
(1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes ... jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136, with respect to the disputes or complaints referred to in clause
State of Andhra Pradesh
(1994 (1) APLJ (HC) 1 declared Article 323A (2) (d) of the
Constitution as unconstitutional to the extent it empowered
Parliament ... context of Section 4
(2) of the AT Act read with Article 323A (1) of the Constitution
which contemplates only the establishing
Tenth
Schedule) or Tribunals authorized by the Constitution (Administrative
Tribunals under Article 323A and Tribunals for other matters under Article
323B ) or Statutory Tribunals which
which several changes had been made. As a consequence thereof,
Article 323A came to be inserted in the Constitution with effect from
January ... Supreme
Court under Article 136" , with respect to disputes or complaints to be
dealt with by such tribunals. Article 323A , however, is not self
force and effect of Article 141. The constitution of Tribunals, in virtue of entitlement created under Article 323A , it has been judicially said ... under Articles 226 and 227 of the Constitution to deal with such matters and such cases as were not expressly contemplated under Article 323A
This part
comprises of two Articles namely 323A and 323B. While Article 323A empowered
the Parliament to create Administrative Tribunals, by law, for the
adjudication ... goods, etc.
18. In pursuance of the power so vested under Article 323A , the
Parliament enacted the Administrative Tribunals Act, 1985 . The Act created
beyond the ambit, scope and pale of Article 323A of the Constitution and it cannot apply to the Tribunal. The abolition of the Tribunal will ... ultra vires in view of Articles 323A , 14 and 16 of the Constitution of India. The entire criticism made to challenge the validity of Section
been enacted pursuant to the powers conferred on the Parliament by Article 323A of the Constitution of India.
7. The abovesaid is the glimpse ... courts other than Supreme Court under Article 136. Clause (3) gives the provisions of Article 323A an overriding effect over all other laws as also
SC1125], which rendered the decisions/judgments of Tribunals set up under Articles 323A and [323B] of the Constitution, amenable to judicial scrutiny of a Division ... Court under Article 136 of the Constitution was taken away.
7. Pursuant thereto Parliament enacted the Administrative Tribunal Act under Article 323A and Section
