Context:
Supreme Court ruled that a tribunal subject to High Court’s jurisdiction under Article 226 of Constitution cannot be permitted by law, to direct framing of policy by Government.
- SC sets aside Armed Forces Tribunal direction to make a policy to fill up the post of Judge Advocate General.
Tribunals:
- A quasi-judicial body
- Aims to reduce case load of judiciary or to bring in subject expertise for technical matters.
- Incorporated by Act of Parliament under Article 323A and Article 323B
- Article 323-A deals with Administrative Tribunals
- Article 323-B deals with tribunals for other matters.
- Established through 42nd Amendment Act, 1976
- Recommended by – Swaran Singh Committee
- Follows the principles of natural justice
- Vested with powers of Civil Court.
In L Chandra Kumar v Union of India 1997, SC ruled that orders of tribunals under Article 323A and 323B of Constitution are subjected to Writ Jurisdiction of High Court.
Armed Forces Tribunal (AFT):
- Military tribunal in India.
- Established under the Armed Forces Tribunal Act, 2007.
- Act provided the power for the adjudication or trial by AFT of disputes and complaints.
- Principal Bench – New Delhi (Regional Benches at Chandigarh, Lucknow, Kolkata, Guwahati, Chennai, Kochi, Mumbai and Jaipur)
- Composition –
- Each Bench comprises of a Judicial Member and an Administrative Member.
- Judicial Members – retired High Court Judges
- Administrative Members – retired Members of the Armed Forces who have held the rank of Major General/ equivalent or above for a period of three years or more, Judge Advocate General (JAG), who have held the appointment for at least one year.
Source: The Hindu
Previous Year Question
With reference to the “Tea Board” in India, consider the following statements:
1. The Tea Board is a statutory body.
2. It is a regulatory body attached to the Ministry of Agriculture and Farmers Welfare.
3. The Tea Board’s Head Office is situated in Bengaluru.
4. The Board has overseas offices at Dubai and Moscow.
Which of the statements given above are correct?
[UPSC Civil Services Exam – 2022 Prelims]
(a) 1 and 3
(b) 2 and 4
(c) 3 and 4
(d) 1 and 4
Answer: (d)
Explanation:
The Tea Board is functioning as a statutory body of the Central Government under the Ministry of Commerce. Hence, Statement 2 is not correct.
Its headquarters is located in Kolkata. Hence, Statement 3 is not correct.
