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L Chandra Kumar Case UPSC Notes:-Download PDF Here. L Chandra Kumar Case. The issues that were dealt with in this case emanated generally from the controversy that was generated by the constitutional amendments that inserted Articles 323A and 323B. These provisions essentially did away with the jurisdiction of High Courts in service matters.
- Brief Facts of L. Chandrakumar v. Union of India
- Issues in L. Chandrakumar v. Union of India
- Summary of Arguments of The Petitioner
- Summary of Arguments of Respondents
- The Decision in L. Chandrakumar v. Union of India
- Ratio Decidendi
- Conclusion
By the constitutional amendment (42nd) of 1916 Articles 323 A and 323 B were inserted into our constitution. Parliament with the power conferred by 323 A (1) enacted the Administrative Tribunals Act, 1956. The central Administrative Tribunal was established by this act Before the establishment of the tribunal, a number of writ petitions had been fi...
1) Whether the power conferred upon parliament by article 323 A (2) (d) or state legislature by 323 B (3) (d) of the col, to totally exclude jurisdiction of all courts except that of supreme court (under art. 136) in respect of matters referred in 323 A (1) or 323 B (2), runs counter to power of judicial review conferred on High courts under articl...
A single-member bench of the Tribunal cannot be substituted to High CourtDecision in Sampat Kumar case was on the hope of effectiveness of tribunals But it is neither factually nor legally correct.High courts enjoy vast power under Art 215, 132 and 133 Not so for tribunals.Qualification of appointment of High court judges and members of Tribunals are not comparable.Jurisdiction under article 32 was not indented to be affected.Articles 323 A and 323B do not seek to exclude supervisory jurisdiction of High courts over all tribunals situated within their territorial jurisdiction.Pendency in High courts is a problem. So should remedied rather striking down.Kesavananda Bharati case shows inherent distinction between individual provisions and basic features of constitution separation of power is one of the banc features. It is also applicable in judici...Tribunals are competent to hear matters where vires of statutory provisions are questioned. Tribunal are not substitutes for Supreme court Or High court Their functions are supplementary. Their decisions are subjected to scrutiny before division bench of High court. Tribunals have power to test vires of subordinate legislations and rules except tha...
The power of judicial reviewover legislative action vested in High courts and the Supreme court under articles 226 and 32, and the power of judicial superintendence over decisions of all courts and tribunals within their jurisdiction are basic structure of constitution. There is no blanket prohibition on the conferment of judicial power upon courts...
The decision of the Supreme court allowing tribunals (under Article 323 A&B) to function supplementary and parties to challenge decisions of tribunals before a division bench of the high court is a positive resolution as judicial review is basic structure of our constitution and it provides speedy trial to common people. References: [i]1987 SCR (3)...
After analysing the relevant constitutional provisions and the circumstances which led to the decision in Sampath Kumar's case, the referring Bench reached the conclusion that on account of the divergent views expressed by this Court in a series of cases decided after Sampath Kumar's case, the resulting situation warranted a "fresh look by a larger Bench over all the issues adjudicated by this Court in Sampath Kumar's case including the question whether the Tribunal can at all have an ...
L Chandra Kumar Case 1997 is the landmark case which establishes the validity of Articles 323A and 323B, which dealt with the exclusion of High Court jurisdiction in service affairs. The judgment mentions a frequently mentioned distinction between tribunals and courts of law. The Indian polity and legal system have changed due to numerous ...
- According to Article 323-A, Parliament passed the Administrative Tribunal Act of 1985. To deliver prompt, efficient, and just justice to aggrieved...
- Tribunals are governed by law and function as quasi-judicial or judicial entities. In contrast to traditional courts, they hope to offer a platform...
- he administrative tribunal is a body established by statute and given judicial authority. All subjects fall under the general jurisdiction of a cou...
- 42nd Amendment Act, 1976 provided for the setting up of administrative tribunals in India.
The L Chandra Kumar Case is a landmark case that dealt with the questions of the constitutional validity of tribunals and the extent of their jurisdiction. In this article, we will explore the historical background of the case, the issues that were raised in court, the judgment and its significance.
Nov 15, 2023 · The doctrine of the basic structure of the Constitution has been elaborated and deliberated in detail in many of the similar rulings in the case of Kesavananda Bharati’s. A thorough discussion or analysis of the case of L. Chandra Kumar will help to clarify the position of the Administrative Tribunal/ Court with respect to judicial oversights ...
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L. CHANDRA KR. v. U.0.1. 1189 Civil Appeals No. 1532·33 of 1993 were filed against the Judgment of the A Calcutta High Court declaring s. 14 of the West Bengal Taxation Tribunal Act, 1987 to be unconstitutional. Special Leave petition No. 17768 of 1991 was filed against the judgment of the Madras High Court holding that the
