CHAPTER 21 – ALL INDIA SERVICES, PUBLIC SERVICE COMMISSIONS, AND TRIBUNALS

 

ALL INDIA SERVICES,

PUBLIC SERVICE COMMISSIONS, AND TRIBUNALS

(ARTICLE 308 – 323A)

 

 

PART XIV OF THE CONSTITUTION (ARTICLE 308 – 323)

 

CHAPTER I ALL INDIA SERVICES ARTICLE (308 – 314)
CHAPTER II PUBLIC SERVICE COMMISSIONS ARTICLE (315 – 323)

 

 

CHAPTER I – ALL INDIA SERVICES (ARTICLE 308 – 314)

 

 

ARTICLE 309

 

REGULATION OF RECRUITMENT AND CONDITIONS OF SERVICE OF THE UNION OR THE STATES

  1. The Parliament has the exclusive power to regulate the recruitment, and conditions of service of persons appointed to services or posts of the Union Government. The President has the power to make rules regulating the recruitment, and the conditions of service of persons appointed to such services and posts until provision in that behalf is made by the Parliament. 
  2. Similarly, the state Legislature shall have the exclusive power to regulate the recruitment, and conditions of service of persons appointed to services or posts of the state Government. The Governor of the state has the power to make rules regulating the recruitment, and the conditions of service of persons appointed to such services and posts until provision in that behalf is made by the state Legislature. 

 

DESCRIPTION

In exercise of this power, Parliament enacted All India Services (AIS) Act in 1951, which provides that the Union Government may, after consultation with the Governments of the states concerned, make rules for the regulation of recruitment and the conditions of service of persons appointed to an all-India Service. The Act also says that Rules under it shall be laid before Parliament as soon as possible. They shall be subject to modifications, whether by way of repeal or amendment as Parliament may make on a motion during the session in which they are so laid. This means that all rules to “regulate the recruitment, and the conditions of service of persons appointed to the AIS” are subject to the approval of Parliament.

 

 

ARTICLE 310

 

TENURE OF PERSONS SERVING THE UNION OR THE STATES

  1. Every person in the service of the Union holds office during the pleasure of the President of India, while every person in the service of the state holds office during the pleasure of the Governor of the state.
  2. If the President or the Governor, as the case may be, deems it necessary, a person having special qualifications may be appointed on contractual basis to the service of the Union or of the state, and such a contract may provide for compensation if such a post is abolished or the person is asked to vacate such an office except on grounds of misconduct, before the end of the contractual period.

 

 

ARTICLE 311

 

SUSPENSION, REMOVAL OR REDUCTION IN RANK OF PERSONS SERVING THE UNION OR THE STATES

  1. No person, who is a member of a civil service of the Union or an all-India service or a civil service of a state or holds a civil post under the Union or a state, shall be dismissed or removed by an authority subordinate to that by which he was appointed.
  2. No such person as aforesaid shall be suspended or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

 

 

ARTICLE 312

 

ALL INDIA SERVICES

  1. If the Rajya Sabha declares by a resolution, supported by not less than two-thirds of the members present and voting, that it is necessary or expedient in the national interest so to do, the Parliament may by law provide for the creation of one or more all-India services (including an all-India judicial service) common to the Union and the states.
  2. The services known at the commencement of this Constitution as the Indian Administrative Service and the Indian Police Service shall be deemed to be services created by Parliament under this article.
  3. The all-India judicial service referred to in clause (1) shall not include any post inferior to that of a district judge as defined in article 236.
  4. The law providing for the creation of the all-India judicial service aforesaid may contain such provisions for the amendment of Chapter VI of Part VI as may be necessary for giving effect to the provisions of that law and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368.

 

DESCRIPTION

All India Services are the services common to the Union and the states. The Constitution of India recognises three All India Services (AIS), namely,

  1. Indian Administrative Services (IAS)
  2. Indian Police Services (IPS)
  3. All India Judicial Services (Proposed)

Article 312 provides the Parliament the exclusive power to create any additional All India Services as and when required. However, the Parliament can exercise this power only with the consent of the states i.e. only when Rajya Sabha approves the resolution to this effect with majority of not less than two thirds of the members of the House present and voting. Under this power, the Parliament created All India Forest Services (IFoS) in 1962.

A common unique feature of the All India Services is that the members of these services are recruited by the Union government, but their services are placed under various state cadres. They have the liability to serve both under the Union and under the state government. Due to the federal polity of the country, this is considered one of the tools that makes union government stronger than state governments. Officers of these three services comply to the All India Services Rules relating to pay, conduct, leave, various allowances etc.

The Ministry of Personnel, Public Grievances and Pensions is the cadre controlling authority for the IAS, the Ministry of Environment, Forest and Climate Change for the IFoS, and the Ministry of Home Affairs for the IPS.

 

IMPORTANCE OF ALL INDIA SERVICES

  1. All India Services serve as bridge between the Union and the state Governments in matters of common interest.
  2. They bring a national outlook to state governance, which is crucial for strengthening the federation.
  3. Since they are recruited by the UPSC and appointed by the President, they are supposed to be impartial in state administration, without any political allegiances. 

 

CHALLENGES IN ALL INDIA SERVICES

  1. Although appointed by the Union, All India Services have been kept under the control of the respective state Governments. The first and foremost challenge is the dispute between the officers of All India Services and MP or MLA of the region. The major reason is the difference in opinion, corruption, using public office for personal use and protection given to criminals and law breakers by the MP and MLA of the region. At the point when this debate comes to a threshold point, the officers of All India Services are either transferred or kept under the dread of getting executed. This not only effects their professional life but also their personal life. To hold key positions, officers are expected to toe political lines. The political interference leads to substantial inefficiency where the vital positions are not held by the best officers which eventually leads to institutional decline.
  2. The officers encounter greatest anxiety and stress as they face a substantial number of vulnerabilities in the form of threats, transfers etc. The job profile of officers of All India Service requires collaboration with legislators, authorities, and average folks. When they work in such services, there is nothing that they can achieve without the cooperation of your team and the goodwill of the people. However, in majority cases, the officers are surrounded by lazy and corrupt folks. Honest and brave officers are threatened with suspension and humiliation.  Stress additionally goes up quickly if their capacity to control outside interference is low. 
  3. Due to time based fixed career progression, most of the officers lack motivation to go extra mile in performing their duties. The permanent nature of the job often discourages them to take extra steps to continuously hone their skills, and as such they often lack the latest industry knowledge and global outlook.
  4. Today, there is little alignment between education, training and deployment and that often creates issues. The current system is designed for developing and grooming generalist talent. However, the current age demands more of specialists to lead various initiatives. The government, like any other enterprise in the world, needs to overhaul its talent engine to develop and groom deep-rooted specialists, who can solve issues faster in their areas of expertise. The challenge in these services is not that of quality of talent, but of deploying the right people for the right job.

 

SHOULD LATERAL HIRING IN ALL INDIA SERVICES BE ALLOWED ?

The arguments in favour are:

  1. Lateral hiring allows the government to recruit people having extensive industry and domain experience, which the regular officers might lack.
  2. It may foster competitive spirits, break the complacency of the higher civil servants and eventually prove to be a pioneering initiative in public interest.

The arguments against are:

  1. Lateral hiring may lead to likely induction of loyalists to the current dispensation. Doubts have been expressed if private business houses would plant their people in order to influence government policies. 
  2. Such a move may be demotivating for the existing officers, who are seen as less efficient than the lateral recruits.

The government should have the best people at the helm of affairs and if there is a need to supplement the existing stock of talent by attracting fresh blood into the system, lateral hiring must be welcomed. Nevertheless, the government must ensure that only candidates, the likes of whom are not available in the existing system, are appointed. If they turn out to be truly outstanding, there should be provisions to induct them permanently in the government, with approval of the UPSC, and consider them for higher postings. At the same time, current officers who are interested must be allowed to gain industry experience in private sector and abroad to polish or upgrade their knowledge and skills.

 

ALL INDIA SERVICES REFORMS

  1. The government has been bringing substantial pay hikes through Pay Commissions, so as to attract brilliant of the minds by making the career in All India Services lucrative. The current salaries and privileges in these services are in line with and in some cases even better than what private sector offers.
  2. The government has already started the process of lateral hiring for senior positions in All India Services.
  3. The NITI Aayog’s ‘Strategy for New India @75’ advocates cutting down more than 60 separate services at the Central and state levels through a process of rationalisation and harmonisation. It also suggests that rather than allocating services at the time of joining itself all the recruits should be placed in a central talent pool, which would then allocate candidates by matching their competencies and the job description of the post. Concomitantly, it says, the number of exams for these services should ideally be brought down to one, with an all-India ranking. However, given the different kind of knowledge and aptitude needed for different kind of services, different set of examinations are needed for different services. A single exam for recruiting officers for various services would lead to mismatch in skill requirement of the job and the competency of the officers. 

 

 

CHAPTER II – PUBLIC SERVICE COMMISSIONS (ARTICLE 315 – 323)

 

 

ARTICLE 315

 

PUBLIC SERVICE COMMISSIONS FOR THE UNION AND THE STATES

  1. Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each state.
  2. Two or more states may agree that there shall be one Public Service Commission for that group of states, and if a resolution to that effect is passed by each House of the Legislature of those states, Parliament may by law provide for the appointment of a Joint State Public Service Commission to serve the needs of those states.

 

DESCRIPTION

Government of India Act 1919, provided for the first time, the establishment of Public service commission in India. The act also provided that after 10 years, a statutory commission would be set up to study the working of the government. This resulted in the Simon Commission of 1927.

The Constitution  of India provides for a Public Service Commission for the Union,  and  a Public Service Commission  for each state.  However, two or more states by passing a resolution in their respective state Legislatures, may agree to have a common Public Service Commission.

GOVERNMENT OF  INDIA ACT (1935)

Also known as Montague-Chelmsford Reforms, the Government of India Act 1919 was an Act of the Parliament of the United Kingdom. It was passed to expand participation of Indians in the government of India. Some of the key features were-

  1. It introduced a dual form of government known as ‘Dyarchy’ for the major provinces. Diarchy was introduced at the Provincial Level. Diarchy means a dual set of governments – one is accountable, the other is not accountable. Subjects of the provincial government were divided into two groups – Transferred, and Reserved. The ‘transferred list’ included agriculture, supervision of local government, health, and education while the subjects enlisted in ‘reserved list’ included defence (the military), foreign affairs, and communications. The reserved subjects were controlled by the British Governor of the province who was responsible only to the Viceroy, while the transferred subjects were given to the Indian ministers of the province, who were responsible to the respective state Legislature. No bill of the state or Central legislature could be deemed to have been passed unless assented to by the Viceroy. The latter could, however, enact a bill without the assent of the legislature.
  2. It widened the provincial councils to enlarge Indian representation in them.
  3. It made the Imperial Legislative Council bicameral i.e. it  was to consist of two houses. The lower house was the Legislative Assembly of 145 members, of which 104 were elected and 41 were nominated, with a tenure of three years. The upper house was the Council of State, consisting of 34 elected and 26 nominated members, with a tenure of five years.
  4. The Act provided for the establishment of a Public Service Commission in India for the first time.
  5. The communal representation was extended and Sikhs, Europeans and Anglo-Indians were included. The Franchise (Right of voting) was granted to the limited number of only those who paid a certain minimum tax to the government.
  6. The financial powers of the central legislature were also very much limited. The budget was to be divided into two categories, votable and non-votable. The votable items covered only one-third of the total expenditure. 

 

 

ARTICLE 316

 

APPOINTMENTS TO PUBLIC SERVICE COMMISSIONS AND TERMS OF OFFICE

  1. The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a state Commission, by the Governor of the state, provided that as nearly as may be one-half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of a state.
    1. If the office of the Chairman of the Commission becomes vacant either permanently or temporarily, the duties of the Chairman shall be performed by such one of the other members of the Commission as the President, in the case of the Union Commission or a Joint Commission, or the Governor of the state in the case of a state Commission, may appoint for the purpose.
  2. A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the Union Commission, the age of sixty-five years, and in the case of a state Commission or a Joint Commission, the age of sixty-two years, whichever is earlier, provided that:
    1. a member of a Public Service Commission may, submit his resignation, in the case of the Union Commission or a Joint Commission, to the President, and in the case of a state Commission, to the Governor of the state.
    2. a member of a Public Service Commission may be removed from his office on grounds of misbehaviour.
  3. A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for re-appointment to that office.

 

DESCRIPTION

Article 316 deals with appointment to various public service commissions and their terms of office.

 

APPOINTMENTS

  • Chairman and members of Union Public Service Commission – President
  • Chairman and members of state Public Service Commission – Governor of the state.

 

TERMS OF OFFICE

  • Chairman and members of Union Public Service Commission – upto 65 years.
  • Chairman and members of state Public Service Commission – upto 62 years.

It is to be noted that the Chairman and the members of the Public Service Commission have a fixed tenure and they do not hold office during the pleasure of any authority. They can be removed only on grounds of proven misbehaviour as per provisions of the Article 317.

A person who holds the office as a member of Union or state Public Service Commission, shall on the expiration of his term of office, be ineligible for reappointment to the same or lower office. However, the person may be elected to a higher position in the Public Service Commission. The details are mentioned in Article 319.

 

 

ARTICLE 317

 

SUSPENSION AND REMOVAL

  1. The Chairman or any other member of a Union or the state Public Service Commission shall be removed from his office only by an order of the President on the ground of misbehaviour, after the Supreme Court, on reference being made to it by the President, has, on inquiry held, in accordance with the procedure prescribed in that behalf under Article 145, that the Chairman or such other member, as the case may be, ought to be removed.
  2. The President, in the case of the Union Commission or a Joint Commission, and the Governor in the case of a state Commission, may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court under clause (1).
  3. Notwithstanding anything in clause (1), the President may by order remove from office, the Chairman or any other member of a Public Service Commission, if the Chairman or such other member, –
    1. is adjudged an insolvent.
    2. engages during his term of office in any paid employment outside the duties of his office.
    3. is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.
  4. If the Chairman or any other member of a Public Service Commission becomes in any way  interested in any contract or agreement made by or on behalf of the Government of India or the Government of a state, or participates in any way in the profit thereof, or derives any benefit or emolument arising therefrom otherwise than as a member, he shall be deemed to be guilty of misbehaviour.

 

DESCRIPTION

Article 317 deals with suspension and removal of members of the public service commissions.

 

REMOVAL FROM OFFICE

It is to be noted that while the appointments are made by the President in case of Union Public Service Commission, and the Governor in case of the state Public Service Commission, the removal is done only by the President only. The President can remove a sitting Chairman or a member only after the Supreme Court, after conducting an enquiry in accordance with the provisions of Article 145, finds the incumbent person guilty of alleged misbehaviour. 

 

GROUNDS FOR MISBEHAVIOUR FOR REMOVAL BY THE PRESIDENT

    1. The person has personal interest in any contract or agreement made by the Government of India or the Government of the state.
    2. The person works to give any undue advantage to any particular individual or entity associated with the contract or agreement made by the Government of India or the Government of the state.
    3. The person derives any personal profit or emoluments from any contract or agreement made by the Government of India or the Government of the state.

 

OTHER GROUNDS FOR REMOVAL BY THE PRESIDENT

However, the President can remove a sitting Chairman or a member, also on any of the following grounds, in which case the President is not bound by the opinion of the Supreme Court. These grounds are:

    1. The person is adjudged an insolvent.
    2. The person engages, during his term of office, in any paid employment outside the duties of his office.
    3. The person is, in the opinion of the President, unfit to continue the office by reason of mental or physical inability.

 

SUSPENSION FROM OFFICE

Nevertheless, the power to suspend a sitting Chairman or a member of the state Public Service Commission, against whom an enquiry has been initiated in the Supreme Court, has been given to the Governor. In case of the Chairman or the member of the Union Public Service Commission or of the Joint Public Service Commission has been given to the President.

 

 

ARTICLE 318

 

NUMBER OF MEMBERS OF THE COMMISSION AND THE STAFF

In the case of the Union Commission or a Joint Commission, the President and, in the case of a state Commission, the Governor of the state may by regulations:

  1. determine the number of members of the Commission and their conditions of service; and
  2. make provision with respect to the number of members of the staff of the Commission and their conditions of service.

Provided that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment.

 

 

ARTICLE 319

 

PROHIBITION ON MEMBERS OF THE COMMISSION FOR FURTHER EMPLOYMENT

On ceasing to hold office –

  1. the Chairman of the Union Public Service Commission shall be ineligible for further employment either under the Government of India or under the Government of a state.
  2. the Chairman of a state Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of any other state Public Service Commission, but not for any other employment either under the Government of India or under the Government of a state.
  3. a member other than the Chairman of the Union Public Service Commission shall be eligible for appointment as the Chairman of the Union Public Service Commission or as the Chairman of a state Public Service Commission, but not for any other employment either under the Government of India or under the Government of a state.
  4. a member other than the Chairman of a state Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of that or any other state Public Service Commission, but not for any other employment either under the Government of India or under the Government of a state.

 

DESCRIPTION

The following table summaries the provisions of this article regarding further employment of the Chairman or the members of the Union as well as the state Public Service Commissions.

CURRENT POSITION ELIGIBILITY FOR RE-APPOINTMENT AS 
Chairman of Union Public Service Commission Member of Union Public Service Commission Chairman of Public Service Commission of other state Member of Public Service Commission of other state Chairman of Public Service Commission of same state Member of Public Service Commission of same state

Chairman of Union Public Service Commission

NO NO NO NO NO NO

Member of Union Public Service Commission

YES NO NO NO NO NO

Chairman of state Public Service Commission

YES YES YES YES NO NO

Member of state Public Service Commission

YES YES YES YES YES NO

 

 

ARTICLE 320

 

FUNCTIONS OF PUBLIC SERVICE COMMISSION

  1. It shall be the duty of the Union and the state Public Service Commissions to conduct examinations for appointment to the services of the Union and the services of the state respectively.
  2. It shall also be the duty of the Union Public Service Commission, if requested by any two or more states so to do, to assist those states in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.
  3. The Union Public Service Commission or the state Public Service Commission, as the case may be, shall be consulted for matters required to be so in the Constitution.

 

 

ARTICLE 321

 

POWER TO EXTEND FUNCTIONS OF THE PUBLIC SERVICE COMMISSIONS

An Act made by Parliament or, the Legislature of a state may provide for the exercise of additional functions by the Union Public Service Commission or the state Public Service Commission with respect to the services of the Union or the state and also with respect to the services of any local authority or other body corporate constituted by law or of any public institution.

 

DESCRIPTION

The Parliament may by law confer additional responsibilities upon the Union Public Service Commission. Similarly, the Legislature of the state may by law confer additional responsibilities upon the Public Service Commission of that state.

 

 

ARTCILE 322

 

EXPENSES OF PUBLIC SERVICE COMMISSIONS

The expenses of the Union or a state Public Service Commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the Commission, shall be charged on the Consolidated Fund of India, or the Consolidated Fund of the state, as the case may be.

 

DESCRIPTION

The expenditure of the Union Public Service Commission along with that of its staff is charged upon the Consolidated Fund of India. Similarly, the expenditure of the state Public Service Commission along with that of its staff is charged upon the Consolidated Fund of that state.

 

 

ARTICLE 323

 

REPORTS OF THE PUBLIC SERVICE COMMISSIONS

  1. It shall be the duty of the Union Public Service Commission to present annually to the President a report regarding the work done by the Commission, and on the receipt of such report the President shall cause a copy, together with a memorandum explaining the situations where the advice of the Commission was not accepted, to be laid before each House of Parliament.
  2. It shall be the duty of a state Public Service Commission to present annually to the Governor of the state a report regarding the work done by the Commission.  Similarly, it shall be the duty of Joint Public Service Commission to present annually to the Governor of each of the states served by it, a report regarding the work done by the Commission in relation to those states. In either case, the Governor shall on the receipt of such a report, cause a copy, together with a memorandum explaining the situations where the advice of the Commission was not accepted, to be laid before the Legislature of such states.

 

DESCRIPTION

It shall be the duty of the President to lay before each House of the Parliament, annual report regarding the functioning of the Union Public Service Commission, along with a memorandum explaining the cases where the advice of the Commission was not accepted. 

Similarly, it shall be the duty of the Governor of each state to lay before each House of the Legislature of the state concerned, annual report regarding the functioning of the state Public Service Commission, along with a memorandum explaining the cases where the advice of the Commission was not accepted. 

 

 

PART XIV-A OF THE CONSTITUTION (ARTICLE 323A – 323B)

 

 

ARTICLE 323A

 

ADMINISTRATIVE TRIBUNALS

  1. Parliament may, by law, provide for administrative tribunals for adjudication 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 –
    1. 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.
    2. specify the jurisdiction, powers and authority which may be exercised by each of the said tribunals.
    3. provide for the procedure to be followed by the said tribunals.
    4. 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).
    5. 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 establishment of such tribunal.
    6. repeal or amend any order made by the President under clause (3) of article 371D;
    7. contain such supplemental provisions 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.

 

DESCRIPTION

The original constitution did not contain any provision related to the Administrative Tribunals. The 42nd Constitutional Amendment Act (1976) added Part XIV-A, and inserted Articles 323A and 323B providing for Administrative Tribunals.

Administrative Tribunals are quasi-judicial bodies. 

Article 323A provides the Parliament the exclusive power to set up Administrative Tribunals for the adjudication of disputes and complaints with respect to the recruitment and conditions of service of persons appointed to any type of public services under the Union, state or local governments. The state Legislatures do not have power to set up Administrative Tribunals, even for the services under the state.

  • The Central Government may, upon receipt of a request in this behalf from any state Government, establish state Administrative Tribunal (SAT) for such a state.
  • Two or more states might ask for a joint tribunal, which is called the Joint Administrative Tribunal (JAT), which exercises powers of the administrative tribunals for such states.

 

NEED FOR ADMINISTRATIVE TRIBUNALS

  1. To lessen the burden of courts, which also do not have expertise to deal with administrative issues of technical nature.
  2. To simplify the procedure for administrative cases, since the legal procedures in the regular courts are cumbersome and time consuming.
  3. To provide speedy and inexpensive adjudication in administrative cases.

 

ADMINISTRATIVE TRIBUNAL ACT (1985)

In pursuance of power conferred under Article 323A, the Parliament has passed the Administrative Tribunals Act in 1985. The Act authorises the Union Government to set up one Central Administrative Tribunal (CAT) and various state Administrative Tribunals (SAT).

CENTRAL ADMINISTRATIVE TRIBUNAL (CAT)

    1. It was set up in 1985 during the tenure of the then Prime Minister  of India, Sh. Rajiv Gandhi. It has principal bench at Delhi and additional benches in various states. It has total for 17 regular benches, 15 of which operate at the principal seats of High Courts, and the remaining two at Jaipur and Lucknow.
    2. It exercises original jurisdiction in matters related to recruitment and service matters of all central government employees in India. Its jurisdiction extends over All India Services, Central Civil Services, civil posts under the Centre and civilian posts of the Defence Services. However, it does not cover members of the Defence Forces, officers and servants of the Supreme Court, and the secretarial staff of the Parliament.
    3. A 2006 Amendment gave all the members of the Central Administrative Tribunal, the status of the judges of the High Court. Currently, the sanctioned strength is one Chairman and 65 members. They are all appointed by the President from Judicial as well as Administrative streams. They hold the office for a fixed term of five years, or until they attain the age of 65 years in case of the Chairman, or 62 years in case of the members.
    4. Central Administrative Tribunal is not bound by the procedures of Civil Procedure Code of 1908. It is guided by the principles of natural justice. As such, they are flexible in their approach.
    5. Originally, appeals against the orders of the Central Administrative Tribunal could be made only in Supreme Court. However, in 1997, the Supreme Court declared this restriction on the jurisdiction of the High Courts as unconstitutional. As such, now all appeals against the orders of the Central Administrative Tribunal should be first made in the respective High Court, before moving to the Supreme Court.

STATE ADMINISTRATIVE TRIBUNAL (SAT) – The state Administrative Tribunals exercise original jurisdiction in matters related to recruitment and service matters of state government employees. The Chairman and the members are appointed by the President after consultation with the Governor of the state concerned. 

 

 

ARTICLE 323B

 

OTHER TRIBUNALS

  1. The appropriate Legislature may, by law, provide for the adjudication or trial by tribunals of any disputes, complaints, or offences with respect to all or any of the matters specified in clause (2) with respect to which such Legislature has power to make laws.
  2. The matters referred to in clause (1) are the following, namely:
    1. levy, assessment, collection and enforcement of any tax.
    2. foreign exchange, import and export across customs frontiers.
    3. industrial and labour disputes.
    4. land reforms by way of acquisition by the State of any estate as defined in article 31A.
    5. ceiling on urban property.
    6. production, procurement, supply and distribution of food-stuffs (including edible oilseeds and oils) and such other goods as the President may, by public notification, declare to be essential goods for the purpose of this article and control of prices of such goods.
    7. rent, its regulation and control and tenancy issues.
    8. elections to either House of Parliament or the House or either House of the Legislature of a state, but excluding the matters referred to in article 329 and article 329A.
  3. A law made under clause (1) may –
    1. provide for the establishment of a hierarchy of tribunals.
    2. specify the jurisdiction, powers and authority which may be exercised by each of the said tribunals.
    3. provide for the procedure to be followed by the said tribunals.
    4. 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).
    5. 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 establishment of such tribunal.
    6. contain such supplemental provisions 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.
  4. The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution.

 

DESCRIPTION

Article 323B provides power to both the Parliament as well as the respective state Legislatures to establish tribunal for adjudicating disputes related to any of the matters specified in clause (2) of Article 323B viz.

  1. Taxation.
  2. Foreign Exchange, Export and Import.
  3. Industrial and Labour Dispute.
  4. Land Reforms.
  5. Ceiling on Urban Property.
  6. Essential Food Items.
  7. Rent and Tenancy Rights.
  8. Elections to Parliament and state Legislatures.