Courts which used to take cognisance of service matters under
Article 226.
8. Article 323A is an enabling provision. Its scope is very wide ... tribunals could get to the Supreme Court under Article
136. Under Clause 2(d) of Article 323A and Clause 3(d) of Article 323B
under Articles 226/227 and on the Supreme Court under Article 32 of the Constitution?
(2) Whether the Tribunals, constituted either under Article 323A ... Articles 226/227 of the Constitution or that of the Supreme Court under Article 32 of the Constitution because prior to framing of Articles 323A
Application Under Articles 323A And ... vs In Re: Sumitendra Nath Mukherjee on 18 July, 2014
Author: Nishita Mhatre
Bench: Nishita Mhatre
1
18.07.14
Court ... matter of: An application under Articles 323A and 323B
of the Constitution of India filed on 22.07.2008;
And
In re: Sumitendra Nath Mukherjee
Petitioner
- Versus
Supreme Court under Article
136 , in respect of disputes and complaints referred to in
clause (1) of Article 323A or with regard ... under Articles 226/227 and on the Supreme Court under
Article 32 of the Constitution?
(2) Whether the Tribunals, constituted either under Article
323A
record ie. material on which advice is founded.
Articles 323A and 323B-Tribunals set tip under-Need for a
study In, law Commission suggesting measures ... feature of Constitution-Cannot be
dispersed with by creating Tribunals tinder Articles 323A
and 323B of Constitution-Alternative Mechanism devised for
judicial review should
Parliament. The power conferred by Article 246(1) can be exercised
notwithstanding the existence of Article 323A or 323B of the
Constitution.
Articles 323A ... covered by
these Articles, as long as there is legislative competence under an
appropriate entry in the Seventh Schedule. Articles 323A and 323B
High Court under Articles 226 and 227 by any law made
by Parliament under clause (1 ) of Article 323A is, there-
fore, specifically authorised ... High Court under Articles 226 and 227 postu-
lates for its validity that the law made under clause (1) of
Article 323A excluding the jurisdiction
Forty-second Amendment) Act, 1976 introduced Part XIV-A -
Tribunals engrafting Articles 323A and 323B into the body
of the Constitution ... concerned with Article 323B
dealing with tribunals for other matters. We are concerned
with administrative tribunals dealt in Article 323A which is
reproduced as under
Articles
32
226/227 and the Supreme Court under Article 32 ,
of the constitution, was held unconstitutional
besides holding clause 2(d) of Article 323A ... discharging the powers
conferred by Articles 226/227 and 32 of the
Constitution. The Tribunals created under
Article 323A and Article 323B of the
Constitution
fall under Art. 323A or Article 323B , its establishment is unconstitutional, and the whole Act is void- Article 323A deals with the establishment of Administrative ... 42nd Amendment Act, 1976. These two Articles are in Part XIVA entitled "Tribunals".
3. Article 323A empowers Parliament to provide
