COPPENDIUM

PETITIONER’S

1. AK ROY V/S UNION OF INDIA

2. SREENIVASA TRADERS V/S STATE OF ANDHRA
PRADESH
3. L.CHANDRA KUMAR V/S UNION OF INDIA
 COPPENDIUM
RESPONDENTS

1. Vishakha V/S State of Rajasthan

2. Common Cause V/S Union of India
3. Ram Jawaya Kapur V/S State of Punjab
4. DS Nakara V/S Union of India
5. New Tech Promoters V/S State of Uttar Pradesh
6. M/S Laxmi Dyechem vs State Of Gujarat & Ors
Article 323A. Administrative tribunals
Explain the Administrative Tribunals
(1) Parliament may, by law, provide for the adjudication or trial by
administrative tribunals of disputes and complaints with respect to
recruitment and conditions of service of persons appointed to public
services and posts in connection with the affairs of the Union or of
any State or of any local or other authority within the territory of
India or under the control of the Government of India or of any
corporation owned or controlled by the Government.
(2) A law made under clause (1) may-
(a) provide for the establishment of an administrative tribunal for the
Union and a separate administrative tribunal for each State or for
two or more States;
(b) specify the jurisdiction, powers (including the power to punish for
contempt) and authority which may be exercised by each of the said
tribunals;
(c) provide for the procedure (including provisions as to limitation
and rules of evidence) to be followed by the said tribunals;
(d) exclude the jurisdiction of all courts, except the jurisdiction of the
Supreme Court under article 136, with respect to the disputes or
complaints referred to in clause (1);
(e) provide for the transfer to each such administrative tribunal of
any cases pending before any court or other authority immediately
before the establishment of such tribunal as would have been within
the jurisdiction of such tribunal if the cause of action on which such
suits or proceedings are based had arisen after such establishment;
(f) repeal or amend any order made by the President under clause (3)
of article 371D;
(g) contain such supplemental, incidental and consequential
provisions (including provisions as to fees) as Parliament may deem
necessary for the effective functioning of, and for the speedy disposal
of cases by, and the enforcement of the orders of, such tribunals.
(3) The provisions of this article shall have effect notwithstanding
anything in any other provision of this Constitution or in any other
law for the time being in force.
The jurisdiction for article 323A lay in the fact that massive case-law
was being generated in the country in relation to service matter and
too much time of the courts, especially of the High Courts, was being
consumed on this type of litigation. Article 323A seeks to relieve the
High Courts which used to take cognizance of service matters under
article 226.
Article 323A is an enabling provision. Its scope is very wide and is
synonymous with article 309. The expression "conditions of service"
used in article 323A also occurs in article 309 and means all those
conditions which regulate the holding of a post by a person right
from the time of his appointment till his retirement and even beyond
it in such matters as pension etc., and includes matters of dismissal
or termination of the Service of Government servants. Therefore, the
tribunals can be endowed with comprehensive jurisdiction in relation
to service matters.

212. Courts not to inquire into proceedings of the Legislature

(1)The validity of any proceedings in the Legislature of a State shall
not be called in question on the ground of any alleged irregularity of
procedure.
(2)No officer or member of the Legislature of a State in whom
powers are vested by or under this Constitution for regulating
procedure or the conduct of business, or for maintaining order, in the
Legislature shall be subject to the jurisdiction of any court in respect
of the exercise by him of those powers.
226. Power of High Courts to issue certain writs
(1)Notwithstanding anything in article 32 every High Court shall have
powers, throughout the territories in relation to which it exercise
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 warrantor and certiorari, or any
of them, for the enforcement of any of the rights conferred by Part III
and for any other purpose.[(1-A) The power conferred by clause (1)
to issue directions, orders or writs to any Government, authority or
person may also be exercised by any High Court exercising jurisdiction
in relation to the territories within which the cause of action, wholly
or in part, arises for the exercise of such power, notwithstanding that
the seat of such Government or authority or the residence of such
person is not within those territories."; was inserted after 15th
Amendment
2)The power conferred by clause (1) to issue directions, orders or
writs to any Government, authority or person may also be exercised
by any High Court exercising jurisdiction in relation to the territories
within which the cause of action, wholly or in part, arises for the
exercise of such power, notwithstanding that the scat of such
Government or authority or the residence of such person is not
within those territories.
(3)Where any party against whom an interim order, whether by way
of injunction or stay or in any other manner, is made on, or in any
proceedings relating to, a petition under clause
(1), without--(a)furnishing to such party copies of such petition and
all documents in support of the plea for such interim order; and
(b)giving such party an opportunity of being heard, makes an
application to the High Court for the vacation of such order and
furnishes a copy of such application to the party in whose favour
such order has been made or the counsel of such party, the High
Court shall dispose of the application within a period of two weeks
from the date on which it is received or from the date on which the
copy of such application is so furnished, whichever is later, or where
the High Court is closed on the last day of that period, before the
expiry of the next day afterwards on which the High Court is open;
and if the application is not so disposed of, the interim order shall, on
the expiry of that period, or, as the case may be, the expiry of the
said next day, stand vacated.
(4)The power conferred on a High Court by this article shall not be in
derogation of the power conferred on the Supreme Court by clause
(2) of article 32.

Article 32 in Constitution of India

32. Remedies for enforcement of rights conferred by this Part
(1)The right to move the Supreme Court by appropriate proceedings
for the enforcement of the rights conferred by this Part is
guaranteed.
(2)The Supreme Court shall have power to issue directions or orders
or writs, including writs in the nature of habeas corpus, mandamus,
prohibition, quo warrant and certiorari, whichever may be
appropriate, for the enforcement of any of the rights conferred by
this Part.
(3)Without prejudice to the powers conferred on the Supreme Court
by clauses (1) and (2), Parliament may by law empower any other
court to exercise within the local limits of its jurisdiction ill or any of
the powers exercisable by the Supreme Court under clause (2).
(4)The right guaranteed by this article shall not be suspended except
as otherwise provided for by this Constitution.