Consider the following statements regarding the Administrative Tribunals 1 Parliament can esta...........

Indian Polity Indian Parliament

Consider the following statements regarding the Administrative Tribunals:

1. Parliament can establish separate administrative tribunal for each State or for two or more States.

2. The jurisdiction, powers (including the power to punish for contempt) and authority is according to the provisions mentioned in the Constitution.

3. The appeals against the orders of the Central Administrative Tribunal lie directly before the Supreme Court.

Which of the above statements are incorrect?

1 and 2

2 and 3

1 and 3

All of the above

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Explanation:

The Central Administrative Tribunal is not bound by the procedure laid down in the Civil Procedure Code of 1908 and is guided by the principles of natural justice. Originally, appeals against the orders of the CAT could be made only in the Supreme Court and not in the high courts. However, in the Chandra Kumar case (1997), the Supreme Court declared this restriction on the jurisdiction of the high court’s as unconstitutional, holding that judicial review is a part of the basic structure of the Constitution. It laid down that appeals against the orders of the CAT shall lie before the division bench of the concerned high court. Consequently, now it is not possible for an aggrieved public servant to approach the Supreme Court directly against an order of the CAT, without first going to the concerned high court. Jurisdiction is made by the Parliament.