Which one of the following is not correct about Administrative Tribunals?

This question was previously asked in
CDS GK Previous Paper 7 (Held On: 3 Feb 2019)
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  1. The Parliament may by law constitute Administrative Tribunals both at the Union and State levels.
  2. Tribunals may look into disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services.
  3. Tribunals established by a law of the Parliament can exclude the jurisdiction of all Courts to allow for special leave to appeal.
  4. The law establishing the Tribunals may provide for procedures including rules of evidence to be followed.

Answer (Detailed Solution Below)

Option 3 : Tribunals established by a law of the Parliament can exclude the jurisdiction of all Courts to allow for special leave to appeal.
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Detailed Solution

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The correct answer is option 3.

Key Points

  • Article 323 A
    • This Article was introduced in the Constitution in 1976 under 42nd Amendment Act.
    • It provides for the establishment of an administrative tribunal for the Union and a separate administrative tribunal for each State or for two or more States. Hence statement 1 is correct.
    • Parliament may, by law, provide for the 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
      • Of any local or other authority within the territory of India
      • Under the control of the Government of India
      • Of any corporation owned or controlled by the Government. Hence statement 2 is correct.
    • Tribunals established by law exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136, with respect to disputes or complaints. Hence statement 3 is not correct.
    • It also provides for the procedure including provisions as to limitations and rules of evidence to be followed. Hence statement 4 is correct.
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