Administrative Tribunals L Chandra Kumar Case- Judicial review is inviolable basic feature

Administrative Tribunals L Chandra Kumar Case- Judicial review is inviolable basic feature
In the light of declaration of law in L. ChandraKumar, Administrative tribunals became "intermediate/additional adjudicatory stratum", "leading to substantial increase in number of pending cases at the level of High Court". Comment
Judicial review is basic feature and inviolable in our constitutional design, comment in context of Administrative Tribunals.
Discuss the efficacy of adjudicatory mechanisms for service matters in particular reference to constitutional provisions.
Has L Chandra Kumar case diluted the puropose for which 42nd amendment brought in special adjudicatory mechanisms ?
323A(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

Пікірлер: 15

  • @priyankayadav3543
    @priyankayadav35432 жыл бұрын

    Thank you so much sir. You cleared all my concepts and tomorrow is my exam.

  • @parshusaki1763
    @parshusaki17632 жыл бұрын

    Thank you so much sir for this clear and pinpointed explanation!

  • @sanidhyasharma4260
    @sanidhyasharma42603 жыл бұрын

    Respected sir, I am bit confused wether judgements of SC in L.chandrakumar case is valid for the tribunal before they give awards unlike in the case of inter water dispute tribunals in which SC cannot interfere?

  • @IndianpolitybyYKumar

    @IndianpolitybyYKumar

    3 жыл бұрын

    Excellent observation. The intet state water tribunals are on a different standing altogether. It was part of our basic constitutional design and the jurisdiction of court was thoughtfully constrained( left to law to do that) due the very nature of disputes and higher degree of technicalities and expertise required to deal with such complex matters. Moreover they dealt with mostly federal issue and final say ofcourse remains with SC. But in the administrative tribunals the matters first of all are between citizen and govt/state and secondly they are not of such nature that only a specialised tribunal is required. The court has said that they can play supplemental role. Though there is no explicit bar on petitioner to first exhaust alternative remedies, the apex court has ,in some cases, held that petitioner should first seek redressal at alternative remedy( cat) , even high court can take that view. But if you look at the fundamental rights, a petitioner can directly approach sc or high court . It will depend on facts and circumstances of each case. Like if similar cases are already pending in cat for a given decision of govt the court may ask petitioner to first approach cat. But there can be a case where the nature of grievances are such that it shakes very foundations of natural justice or conscience of court and an efficacious remedy is sought then court may, without insisting for alternative remedy, take up the case. These will always remain grey areas and rightly so since the actions in public sphere are not simple input output equations as each case has its own set of issues. In such cases, judiciary played a crucial role of laying down the guidelines for proper course of action. I will try to cover this aspect in a lecture mode shortly.

  • @sanidhyasharma4260

    @sanidhyasharma4260

    3 жыл бұрын

    @@IndianpolitybyYKumar Thank you sir for your kind explanation. Indeed it requires more technical background.

  • @AmitProgue28
    @AmitProgue287 ай бұрын

    sir .. is it possible for an ips officer to reappear for civils for changing cadre in ips ?

  • @IndianpolitybyYKumar

    @IndianpolitybyYKumar

    7 ай бұрын

    I am not sure about current rules. But i doubt.

  • @karan-gi8pl
    @karan-gi8pl3 жыл бұрын

    Sir, is consumer forum an example of tribunal??

  • @IndianpolitybyYKumar

    @IndianpolitybyYKumar

    3 жыл бұрын

    Consumer forums were under consumer protection act 1986. That act is repealed after new act in 2019. Now there are authorities and councils.

  • @AkashYadav-ni1xl
    @AkashYadav-ni1xl3 жыл бұрын

    Thank sir ....it really helped ...sir please make video for economic issues also..

  • @IndianpolitybyYKumar

    @IndianpolitybyYKumar

    3 жыл бұрын

    which topics?

  • @akashyadav-xk2sm

    @akashyadav-xk2sm

    3 жыл бұрын

    Current economic slowdown and remedy

  • @IndianpolitybyYKumar

    @IndianpolitybyYKumar

    3 жыл бұрын

    @@akashyadav-xk2sm oh, that is too nish an area and beyond my competece.

  • @akashyadav-xk2sm

    @akashyadav-xk2sm

    3 жыл бұрын

    @@IndianpolitybyYKumar ohk sir ...

  • @karan-gi8pl

    @karan-gi8pl

    3 жыл бұрын

    Sir govt borrowing from bond market if u can teach, it would be of great help

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