Superintendence Jurisdiction of High Courts Over Administrative Tribunals

Abstract

In 1976, Indian Parliament amended the Constitution through the 42nd Amendment Act which provides for establishment of tribunals free from the control of High Courts and subject only to the limited appellate jurisdiction of the Supreme Court. By this amendment, Articles 323 A and 323B were inserted which enabled Parliament to constitute certain tribunals to deal with specific disputes and also empowered the appropriate legislature to exclude the jurisdiction of all courts except that of the Supreme Court under Article 136 of the Constitution with respect to the matters falling within the jurisdiction of such tribunals. In exercise of these powers conferred under Article 323 A, Parliament enacted Administrative Tribunals Act, 1985 which established Administrative Tribunals with the exclusion of judicial review of Supreme Court under Article 32, and High Courts under Articles 226 and 227 of the constitution. This Act and the amendment were subjected to scrutiny by Supreme Court through a number of petitions. The present paper is an attempt to examine the Supreme Court’s response to these petitions. This paper concludes that the category of tribunals created under above mentioned law can never be considered full and effective substitutes for the superior judiciary. Several tribunals functioning in the country have not inspired confidence in the public mind. The quality of justice is said to have suffered and the cause of expedition is not found to have been served by establishment of such tribunals. Therefore the quasi-judicial bodies should not be left free of control of the judiciary. The High Court should have the jurisdiction to supervise over these bodies.

Keywords: Administrative Tribunals, Judicial Review, Superintendence Jurisdiction of Courts, Supervisory Jurisdiction, Basic Structure of the Constitution