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Question

Which of the following is incorrect about Administrative Tribunals?


A

Article 323 A empowers the Parliament to provide for the establishment of administrative.

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B

The CAT is a multi-member body consisting of a chairman and members

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C

The Administrative Tribunals Act of 1985 empowers the state government to establish the State Administrative Tribunals.

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D

The chairman and members of a joint administrative tribunal are appointed by the president after consultation with the governors of the concerned states.

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Solution

The correct option is C

The Administrative Tribunals Act of 1985 empowers the state government to establish the State Administrative Tribunals.


Article 323 A empowers the Parliament to provide for the establishment of administrative tribunals for the adjudication of disputes relating to recruitment and conditions of service of persons appointed to public services of the Centre, the states, local bodies, public corporations and other public authorities. In other words, Article 323 A enables the Parliament to taken out the adjudication of disputes relating to service matters from the civil courts and the high courts and place it before the administrative tribunals.

The CAT is a multi-member body consisting of a chairman and members. Earlier, the CAT consisted of a Chairman, Vice- Chairmen and members. With the amendment in Administrative Tribunals Act, 1985 in 2006, the members have been given the status of judges of High Courts.

The Administrative Tribunals Act of 1985 empowers the Central government to establish the State Administrative Tribunals (SATs) on specific request of the concerned state governments.

The act also makes a provision for setting up of joint administrative tribunal (JAT) for two or more states. A JAT exercises all the jurisdiction and power exercise able by the administrative tribunals for such states.

The chairman and members of a JAT are appointed by the president after consultation with the governors of the concerned states.


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Q. Q. With reference to the tribunal, consider the following statements:
1. The State Administrative Tribunals (SATs) are established by an act of state legislature.
2. The chairman and members of the State Administrative Tribunal are appointed by the governor of the state in consultation with the chief minister.
3. Article 323 B empowers the state to establish a tribunal for matters falling within their legislative competence.
Which of the statements given above is/are correct?

Q. न्यायाधिकरण के संदर्भ में, निम्नलिखित कथनों पर विचार कीजिए:
1. राज्य प्रशासनिक न्यायाधिकरण (सैट) राज्य विधायिका के अधिनियम द्वारा स्थापित किए जाते हैं।
2. राज्य प्रशासनिक न्यायाधिकरण के अध्यक्ष और सदस्यों की नियुक्ति राज्य के राज्यपाल द्वारा मुख्यमंत्री के परामर्श से की जाती है।
3. अनुच्छेद 323 ख राज्य को उनकी विधायी क्षमता के अंतर्गत आने वाले मामलों के लिए एक न्यायाधिकरण स्थापित करने का अधिकार देता है।
उपर्युक्त कथनों में से कौन-सा/से सही है / हैं?
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