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Commission recommends changes in Tribunals Act

J. Venkatesan

NEW DELHI: The Law Commission of India has suggested an amendment to the Administrative Tribunals Act to exclude the appeal jurisdiction of High Courts against the decisions of Central and State administrative tribunals and provide for direct appeal to the Supreme Court.

The State and Central Administrative Tribunals were constituted pursuant to the 1985 AA Act. As per this Act, appeals against the Tribunal’s orders could be filed directly in the Supreme Court. However, after the seven-Judge Bench decision in the Chandra Kumar’s case in 1997, appeals against the Tribunal’s order would have to be filed first in the High Court concerned and then to the apex court.

In its 215th report submitted to the Centre, the Commission, headed by Justice A.R. Lakshmanan, also recommended to the government to request the Supreme Court to refer the Chandra Kumar case for reconsideration and adjudication by a larger Bench. It said “the very object of the AA Act is defeated if all the cases adjudicated by the tribunals have to go before the High Courts concerned.”

The Commission said that by a suitable amendment to Article 227 (4) of the Constitution, it would be possible to include the Central Administrative Tribunal side by side with the Armed Forces Tribunal (which provides for direct appeal to the Supreme Court) so that appeals against the Tribunal’s orders could be filed in the apex court and it would prevent explosion of cases in the High Courts.

As an alternative, the Commission said, “if there may be an impression that there has to be at least one appeal provided against the orders of the Tribunal before the matter may reach the Supreme Court, intra-court appeal, similar to the one provided in every High Court can be provided under the 1985 Act itself.”

The report said it was necessary to reconsider the judgment in the Chandra Kumar case in the interest of Central and State government servants to achieve the object of the 1985 Act, namely to provide speedy and less expensive justice.

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