UPSC General Studies Sample Paper General Studies Sample Paper-2

  • question_answer
    Consider the following statements regarding Tribunals in India.
    1. Under Articles 323A and 323B, both the centre and the states are empowered to form Tribunals.
    2. Awards of the Tribunals can be challenged in the Supreme Court only.
    3. The Central Administrative Tribunal has original jurisdiction in matters of recruitment and service matters of all public servants covered under it.
    4. Tribunals can also be created on matters of foodstuffs and rent and tenancy rights.
    Which of the statements given above are correct?

    A) (a.) 1, 2 and 3               

    B)  1 and 2            

    C)  3 and 4           

    D)  2 and 4

    Correct Answer: C

    Solution :

    [c] While under Article 323 A, only the Parliament empowered to create administrative tribunals, under 323 both the centre and the states can create tribunals. According to Supreme Court judgement in Chandra Kumar case jurisdiction of High Courts cannot be excluded from decisions of these tribunals, which had been prohibited earlier. The CAT has original jurisdiction in all matters of recruitment and service of public servants covered by it, while the St Administrative Tribunals exercise such powers in case state public servants. Article 323 B itself mentions matters foodstuffs, rent and tenancy rights, land reforms, taxation on which tribunals can be formed by the Central and S' Governments by law and many such tribunals have been formed and are functioning currently.

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