Polity

The Supreme Court on Wednesday set aside a National Green Tribunal (NGT) order banning construction on Rushikonda hill in Visakhapatnam ruling that the orders of constitutional courts will prevail over tribunals that are statutory.

Idea:

·      In the Supreme Court said the NGT is subordinate to the Supreme Court as far as the territorial jurisdiction of the court is concerned. 

·      The contradicting orders issued from both the NGT along with the High Court would lead to an unnatural situation. 

·      Authorities would be in a dilemma in deciding which order to follow. 

·      In this case decisions from the Constitutional Court would prevail over legal tribunals that are governed by statute. 

·      Supreme Court on Tribunals in L Chandra Kumar case: The constitutional safeguards that ensure the independence of judges of the higher judiciary arent available to Judges in the judiciary subordinate to them nor to the judges who run tribunals created by normal legislation. 

·      Therefore, judges of this category cannot be considered to be full and effective replacements for the superior judiciary when it comes to the task that is constitutional interpretation. 

·      Therefore, we believe that the power to judicially review of legislative action with the High Courts under Articles 226 and 227 of the Constitution, as well as in this Court as per Article 32 of Constitution is an essential element of the Constitution that forms a an element of its fundamental structure. 

·      In general the authority to High Courts and the Supreme Court to examine the constitutionality of laws can never be removed or withdrawn. 

·      Tribunals were created as both substitutes for High Courts as well as being the subordinate courts for High Tribunals.

·      In the first case appeals against the decision from tribunals (such as Tribunals like the Securities Appellate Tribunal) lie directly at Supreme Court.

·      In the latter instance (such as that of the Appellate Board created under the Copyright Act, 1957) appeals are heard by the relevant High Court. 

·      Tribunal is a quasi-judicial organization created to solve problems like settling tax or administrative disputes.

·      It is able to perform a variety of tasks, including adjudicating disputes, deciding rights of contesting parties or making an administrative determination and reviewing an existing administrative decision, etc. 

·      A Tribunal generally refers to any entity or person who has the power to decide or adjudicate on or decide on the validity of claims or disputes, regardless of whether it is named an official tribunal by its name.

·      Tribunals werent in the constitution at all and were later incorporated into the Indian Constitution by 42 Amendment Act in 1976. 

·      Article 323 addresses administrative tribunals. 

·      Article 323-B addresses tribunals for other issues. 

·      According to Article 323 B the legislatures of the state and the parliament legislatures are authorized to make arrangements the establishment of tribunals to assist in the resolution of disputes related to the following issues such as taxation, foreign exchange, export and import industrial and labour land reforms. Ceilings on urban properties.

·      Elections to the Parliament and state legislatures Food and other items Tenancy and rent right Articles 323A and 323B differ on the following three areas.

·      In the first, while Article 323 A envisages the establishment of tribunals to deal with public service only however, Article 323 B allows the creation of tribunals for various other issues (mentioned earlier). 

·      Tribunals pursuant to Article 323 A are created only by the Parliament, tribunals established under Article 323 B are able to be created by both legislators of state legislatures as well as by the Parliament in relation to issues that fall within their legislative jurisdiction. 

·      According to Article 323 A there is only one tribunal can be established for only one tribunal for the Centre in addition to one per state, or two or more states could be created.

·      There is no need to consider the order of tribunals however, in Article 323 B, a orderly tribunal hierarchy could be established. 

·      Central Administrative Tribunal It has the power to handle issues of service pertaining to Central Government employees or of any Union Territory, or local or any other government that is under the supervision or control of the Government of India, or of a company owned or managed under the control of or controlled by the Central Government. 

·      The CAT was set-up on 1 November 1985. 

·      It has 17 benches that are regular fifteen of which are located at the principal courts at the High Courts along with the two remaining in Jaipur as well as Lucknow. 

·      The Benches also conduct circuit sittings at the other courts that are part of High Courts.

·      The tribunal is composed of three officers: Chairman, Vice-Chairman and members. 

·      The Members come both from the judicial as well administrative streams in order to provide members of the Tribunal an advantage of their expertise in both administrative and legal fields. 

·      The appeals of the decisions from An Administrative Tribunal shall lie before the Division Bench of the relevant High Court. 

·      State Administrative Tribunal Article 323 B allows the state legislatures to establish tribunals to deal with various issues such as levy, assessment collection and enforcement of any tax issues related to the land reforms included in Article 31A.