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1 - 7 of 7 (0.18 seconds)Article 323A in Constitution of India [Constitution]
L.Chandrakumar vs The Union Of India on 12 April, 2022
In the light of the judgment of the Apex Court in the
case of L. Chandrakumar vs. Union of India and others1,
wherein the Apex Court holds as follows
"97. It has been brought to our notice that one
reason why these Tribunals have been functioning
inefficiently is because there is no authority charged with
supervising and fulfilling their administrative
requirements. To this end, it is suggested that the
Tribunals be made subject to the supervisory jurisdiction
of the High Courts within whose territorial jurisdiction
they fall. We are, however, of the view that this may not
be the best way of solving the problem. We do not think
that our constitutional scheme requires that all
adjudicatory bodies which fall within the territorial
jurisdiction of the High Courts should be subject to their
supervisory jurisdiction. If the idea is to divest the High
Courts of their onerous burdens, then adding to their
supervisory functions cannot, in any manner, be of
assistance to them. The situation at present is that
different Tribunals constituted under different enactments
are administered by different administrative departments
of the Central and the State Governments. The problem is
compounded by the fact that some Tribunals have been
created pursuant to Central Legislations and some others
have been created by State Legislations. However, even
in the case of Tribunals created by Parliamentary
legislations, there is no uniformity in administration. We
are of the view that, until a wholly independent agency
for the administration of all such Tribunals can be set-up,
it is desirable that all such Tribunals should be, as far as
possible, under a single nodal Ministry which will be in a
position to oversee the working of these Tribunals. For a
number of reasons that Ministry should appropriately be
the Ministry of Law. It would be open for the Ministry, in
its turn, to appoint an independent supervisory body to
oversee the working of the Tribunals. This will ensure that
if the President or Chairperson of the Tribunal is for some
reason unable to take sufficient interest in the working of
1
AIR 1997 1125
-4-
NC: 2025:KHC-D:16850
WP No. 110235 of 2016
HC-KAR
the Tribunal, the entire system will not languish and the
ultimate consumer of justice will not suffer. The creation
of a single umbrella organisation will, in our view, remove
many of the ills of the present system. If the need arises,
there can be separate umbrella organisations at the
Central and the State levels. Such a supervisory authority
must try to ensure that the independence of the members
of all such Tribunals is maintained. To that extent, the
procedure for the selection of the members of the
Tribunals, the manner in which funds arc allocated for the
functioning of the Tribunals and all other consequential
details will have to be clearly spelt out.
Article 226 in Constitution of India [Constitution]
Article 32 in Constitution of India [Constitution]
Section 14 in The Limitation Act, 1963 [Entire Act]
Article 227 in Constitution of India [Constitution]
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