Enlargement of Jurisdiction of High Courts in Respect Of Tribunals

By the Forty-second Amendment Act, 1976 as Part XIV-A, which has just two articles viz. 323-A and 323-B, Tribunals were made a part of the constitution. The High Courts used to have jurisdiction over the Tribunals but after the enlargement of their jurisdiction and inclusion of articles 323A and 323B, the High Courts no more have any jurisdiction over the Tribunals. Read along to know more!

A Tribunal is a body of administrative nature powered by judicial powers to decide on the question of law or facts that affect rights of citizens. There are four types of Tribunals: Administrative bodies, Administrative adjudicatory bodies, Tribunals under article 136 and Tribunals constituted under article 323A and 323B. By the Forty-second Amendment Act, 1976 as Part XIV-A, which has just two articles viz. 323-A and 323-B, Tribunals were made a part of the constitution. While article 323-A concerns with Administrative Tribunals; article 323-B manages tribunals for other matters. All in all sense, the “tribunals” are not courts of normal jurisdiction, but rather they have particular and predefined work territory. The authoritative tribunals are not a unique development of the Indian Political System. They are entrenched in all popularity based nations of Europe and also the United States of America.

The High Court of a State enjoys certain jurisdiction throughout the State. The Parliament may make arrangements for a typical High Court for at least two States or amplify the purview of a High Court to at least one Union Territories. The jurisdiction of Calcutta High Court stretches out to the Andaman and Nicobar Islands and the Kerala High Court has locale over Laccadive, Minicoy and Amindivi Islands. Haryana and Punjab have a shared High Court at Chandigarh. The Constitution does not endeavor a nitty-gritty order of various sorts of the jurisdiction of the High Courts as it has done if there should arise an occurrence of the Supreme Court. This is primarily a direct result of the way that amid the season of the confining of the Constitution, the majority of the High Courts in British administered regions were working admirably.

Article 226 of the Constitution vests in the High Court the power to issue writs for the restoration of fundamental rights. It reads, “Notwithstanding anything in Article 32, every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases any Government, within those territories directions, orders or writs including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them for the enforcement of any of the rights conferred by Part III and for any other purpose”.

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Topics Covered in this article

Jurisdiction of High Courts over Tribunals in respect with the Power of Superintendence

Article 227 vests the High Court with the power of superintendence over all lower courts and Tribunals excluding those which deal with armed forces located in the state. The power of superintendence includes: calling for returns from such courts, making and issuing general rules and prescribe forms for regulating the practice and proceeding of such courts and to prescribe forms in which books, entries, and accounts shall be kept by the officers of any such courts. The ‘High Courts’ exercise a supervisory jurisdiction over the functioning of the tribunals in the country. This power is administrative as well as judicial in nature.

The bodies set up to facilitate the present burden of judicial business choose debate as per legitimate standards and approach and not in strict law. This may give risk for abuse of power. On the off chance that these bodies are left uncontrolled, it might cause dictatorship and thus nullification of rule of law upon which the whole of our legal system is based upon. In this manner, there is an undeniable need of some kind of judicial control over the decisions of tribunals in order to keep them inside the limits of their power and to remedy the blunder of law submitted by them. With this goal, the protected arrangements give for the power of judicial survey on the Supreme Court and High Courts under Articles 32,136,226 and227. The courts have wide powers in this respect, especially the High Court which can subdue the request of lower court or tribunals, and further, issue bearings. Every one of the courts and tribunals in India is liable to the jurisdiction of High Courts underArticles226 and also, 227 and the Supreme Court under Articles 136 and 32 of the Constitution

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The 1976 Amendment

In any case, in 1976, Parliament authorized the Constitution (42nd Amendment) Act which accommodates foundation of tribunals free from the control of High Courts and subject just to the limited appellate jurisdiction of the Supreme Court. By this revision, Articles 323A and 323B were embedded which empowered Parliament to constitute certain tribunals to manage particular disputes and furthermore engaged the fitting governing body to avoid the purview of all courts with the exception of that of the Supreme Court under Article 136 of the Constitution as for the matters falling inside the purview of such tribunals. In exercise of these forces given under Article 323 A, Parliament established Administrative Tribunals Act, I 985 which set up Administrative Tribunals with the prohibition of the judicial audit of preeminent Court under Article 32, and High Courts under Articles 226 and 227 of the constitution. This Act and the revision were subjected to investigation by the Supreme Court through various petitions.

Conclusion

To include, I would like to provide a brief answer to the title of the paper. The High Courts used to have jurisdiction over the Tribunals but after the enlargement of their jurisdiction and inclusion of articles 323A and 323B, the High Courts no more have any jurisdiction over the Tribunals.

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