Skip to main content

Constitution Of India Article 323A - Administrative tribunals

 Description

[1]

(1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government.

(2) A law made under clause(1) may:

(a) provide for the establishment of an administrative tribunal for the Union and a separate administrative tribunal for each State or for two or more States;

(b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals;

(c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals;

(d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136, with respect to the disputes or complaints referred to in clause (1);

(e) provide for the transfer to each such administrative tribunal of any cases pending before any court or other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment;

(f) repeal or amend any order made by the President under clause(3) of article 371D;

(g) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as Parliament may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals.

(3) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.

-----

1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s.46 (w.e.f. 3-1-1977).


Labels:

Comments

Post a Comment

Popular posts from this blog

Physical Internship & Training Program - Legal (LEVEL - 1)

   Physical Internship & Training Program - Legal (LEVEL - 1) --- PLEASE READ THE COMPLETE JOB DESCRIPTION BEFORE APPLYING ---   Urgent Hiring for: LAW STUDENTS/CS STUDENTS/ FRESHER LAW GRADUATES/ FRESHER CS. Position: Physical Internship & Training Program - Legal (LEVEL - 1) Department: Legal. Firm Name: LEXIS AND COMPANY – LAW FIRM. Location: Janakpuri, New Delhi. CTC: RS 5000/- Per Month. Additional Allowance: All official expenses including travelling allowance for official purposes will be paid from the day 1 of the service with the firm.   We are urgently looking for LAW STUDENTS / CS STUDENTS / FRESHER LAW GRADUATES / FRESHER CS for the position of Physical Internship & Training Program - Legal (LEVEL - 1) for our Law Firm in Janakpuri, New Delhi.   Eligibility: Mandatory Qualification: Any LAW STUDENTS / CS STUDENTS / FRESHER LAW GRADUATES / FRESHER CS who wants to learn as a beginner. Desired Qualification: Any additional qualification  will be pre
Post a Comment
Read more

LAW INTERNSHIP AND TRAINEE OPPORTUNITY

  LAW INTERNSHIP AND TRAINEE OPPORTUNITY: LEXIS AND COMPANY, renowned for its excellence in the legal field, is thrilled to announce an exceptional internship and trainee opportunity for aspiring final year law students and newly enrolled Advocates. This highly coveted internship  and trainee opportunity  is a paid position, providing a remarkable platform for career growth and experiential learning in a corporate environment. Eligibility: Only for final year Students and Newly Enrolled Advocates. We are offering a limited number of vacancies, designed for law students and newly enrolled advocates in the dynamic world of the legal profession. This is an immediate joining opportunity, available to candidates who are interested to work in the area of commercial and civil litigation and have interest towards drafting, and legal research. As a team member at  LEXIS AND COMPANY,  you will refine your research and drafting skills while witnessing the meticulous professional conduct expected
Post a Comment
Read more

The Doctrine of Alternative Danger

  THE DOCTRINE OF ALTERNATIVE DANGER Although the plaintiff is supposed to be cautious in spite of the defendant’s Negligence, there can also be certain situations when the plaintiff is justified in taking some threat where some unsafe state of affairs has been created by way of the defendant. The plaintiff may appear as puzzled or worried through a hazardous state of affairs created via the defendant and to store his man or woman or property, or now and again to store a third party from such danger, he may take a choice risk. The law, therefore, lets in the plaintiff to come across a choice danger to shop by himself from the chance created via the defendant. If the path adopted by him results in some harm to himself, his motion in opposition to the defendant will now not fail. The judgment of the plaintiff, however, is not rash. The position can be defined by means of the case of Jones v . Boyce . In that case, the plaintiff used to be a passenger in the defendant’s train and instruct
Post a Comment
Read more