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Section 12(2) of Administrative Tribunal (Amendment) Act, 2006 is constitutional

Raj Kumar Makkad ,
  05 July 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Administrative Tribunals - Abolition of the post of Vice-Chairman - Sections 8(2), 12 and 12(2) Administrative Tribunal (Amendment) Act, 2006 - Sections 12 Administrative Tribunals Act, 1985 - Article 323A Constitution of India, 1950 - Whether the abolition of the post of Vice-Chairman, which was in existence since inception of the Administrative Tribunals, is unconstitutional because it would create anomalous situation in the structure as well as administration of the Tribunals if any High Court Judge is appointed as Member of the Tribunal ?
Citation :
A. K. Behra v. Union of India and Anr. and P.K. Gaikwad v. Union of India and Ors. (Decided on 06.05.2010) MANU/SC/0366/2010

As per Section 12 of the Amended Act, the Chairman of the Tribunal has to exercise all financial and administrative powers over the Benches and for effective and better administration of the Benches of the Tribunal located in different and far flung States of the country. Decentralisation of financial and administrative powers to tackle local needs and problems, in favour of a Member of Tribunal, for effective administration of the Tribunals, cannot be regarded as destroying the basic feature of the Constitution, namely independence of judiciary - Designation of the Vice-Chairman by the Central Government under Section 12(2) of the Act would obviously be in concurrence with the Chairman-Further, Chairman only recommend to the Government as to designate which Member of the Tribunal as Vice-Chairman - Designation as Vice-Chairman would not entitle the Member so designated to any special benefits in service conditions. The said provision an enabling provision, which is clear from the use of the expression "may" in the said provision and the only purpose of the said provision is to help the Chairman in discharge of his administrative functions as the Benches of the Tribunal are situated in different parts of the country. Thus, Section 12(2) is not unconstitutional. Petition Dismissed

 

 
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Published in Constitutional Law
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