Which one of the following is not correct about Administrative

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

[amp_mcq option1=”The Parliament may by law constitute Administrative Tribunals both at the Union and State levels.” option2=”Tribunals may look into disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services.” option3=”Tribunals established by a law of the Parliament can exclude the jurisdiction of all Courts to allow for special leave to appeal.” option4=”The law establishing the Tribunals may provide for procedures including rules of evidence to be followed.” correct=”option3″]

This question was previously asked in

UPSC CDS-1 – 2019

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Administrative Tribunals are constituted under Articles 323A and 323B of the Constitution. While the law establishing a tribunal can exclude the jurisdiction of lower courts and even the original jurisdiction of High Courts, it cannot exclude the power of judicial review vested in the High Courts under Articles 226 and 227 or in the Supreme Court under Article 32 (for fundamental rights) and Article 136 (special leave petition). The Supreme Court, in the L. Chandra Kumar case (1997), held that the power of judicial review of the High Courts under Articles 226/227 and the Supreme Court under Article 32 constitute the basic structure of the Constitution and cannot be excluded by a law establishing tribunals. Therefore, tribunals established by a law cannot exclude the jurisdiction of all Courts, especially for judicial review.

– Administrative Tribunals can exclude the jurisdiction of lower courts and original jurisdiction of High Courts in specific matters.
– The power of judicial review of High Courts (Articles 226/227) and the Supreme Court (Article 32/136) over decisions of tribunals cannot be excluded.

– Option A is correct: Article 323A allows Parliament to constitute Administrative Tribunals at the Union and State levels.
– Option B is correct: Administrative Tribunals deal with disputes and complaints concerning recruitment and conditions of service of persons appointed to public services (Article 323A(1)).
– Option D is correct: Article 323A(2)(d) states that the law may provide for the procedure to be followed by the tribunals, including rules of evidence.

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