Chandrakumar v Union of India6 only refers to Tribunals
created under Article 323A and 323B. According to him, the power of
Tribunals to test ... 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
read in
the background of Article 323A of the Constitution of India, which makes
provision for the Parliament to provide for adjudication of disputes ... India.
14. It is submitted that the word „and‟ appearing in Article 323A is
conjunctive, which means that only the recruitment and condition of
service
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
certiorari or any other writ of the like nature would lie
under Article 226 of the Constitution of India against a decision
of the Tribunal ... pertaining to an Armed Force,
it may be highlighted that neither Article 323A nor Article 323B
specifically refers to an Armed Force Tribunal, but entry
person further submitted that the Central
Administrative Tribunal was constituted under Article 323A of the
Constitution of India. The eligibility of a Member (Judicial) appointed ... 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
absolute
bar to exercise of jurisdiction under Article 226 , attention is drawn to
Article 323A(2)(d) of the Constitution of India to contend that ... Supreme Court under Article 136 , with
respect to the disputes or complaints referred to in Article 323A(1) of the
Constitution.
11. Though the counsels
respondent herein, we may have to look into the provision of Article 323A of the Constitution of India under which Central Administrative Tribunals are created ... concerned in the present case. Article 323B deals with Tribunals for other matters.
16. Under Article 323A the Parliament is authorised, by law, to provide
reasoning adopted by us, we hold that Clause
2(d) of Article 323A and Clause 3(d) of Article 323B , to the
extent they exclude ... 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
self-contained
code. It has been constituted in terms of Article 323A of the Constitution.
It has all the requisite jurisdiction to determine all types ... 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
reasoning adopted by us, we hold that
Clause 2(d) of Article 323A and Clause 3(d) of Article 323B , to
the extent they exclude ... discharging the powers
conferred by Articles 226/227 and 32 of the Constitution. The
Tribunals created under Article 323A and Article 323B
