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
applicable to the
Judges of the High Court, to him.
3. Article 323A of the Constitution, stipulates that
Parliament may by law, provide ... Central Administrative Tribunal. The Bill
sought to give effect to Article 323A by providing for the
establishment of an Administrative Tribunal for the
Union
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
created under a Statute
promulgated in exercise of power conferred under Article 323A or Article 323B
of the Constitution of India as a Court ... 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
servant over which the Tribunal has exclusive jurisdiction.
In view of Article 323A of the Constitution of India and Section 15 of the Administrative Tribunals ... enable this Court to exercise jurisdiction under Article 226 of the Constitution that too, when under Article 323A of the Constitution, jurisdiction of this Court
given serious thought to the entire matter and scrutinized the
record. Articles 323A and 323B were inserted in the Constitution by
Section ... enumerated in Clause 2 of Article
323B.
7. In exercise of the power vested in it under Article 323A , Parliament
enacted the Act. Chapter
amended, read in the light of Article 323A of the Constitution. Since the question raised was of far-reaching importance we issued a notice ... made by Parliament under Clause (1) of Article 323A to exclude the jurisdiction of the High Courts Under Articles 226 and 227 of the Constitution
Forty-second Amendment) Act 1976. Part XIV-A consists of two articles,
Articles 323A and 323B. Article 323A empowers Parliament to provide for the
adjudication ... Article 323B ) by tribunals.
1 “OAT”
4
PART A
4. In pursuance of the power conferred upon it by Article 323A(1) , Parliament
enacted
Supreme Court has categorically held that the Tribunals created under Article
323A and 323B of the Constitution, are possessed of the competence 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
Mill 's case [1998] 92 Comp Cas 895 has held Articles 323A and 323B were necessiated by the fact that the existing jurisdiction ... constitution containing Article 323A and Article 323B by the Constitution (42nd Amendment) Act,
1976. While Article 323A deals with adjudication and trial by Administrative Tribunals
