Q1.Statement I: The provisions related to tribunals were an integral part of the original Constitution of India adopted in 1950.
Statement II: The 42nd Amendment Act of 1976 introduced a new Part XIV-A to the Constitution, specifically to deal with tribunals.
Explanation: Statement I is incorrect because the original Constitution did not contain provisions for tribunals. Statement II is correct as the 42nd Amendment Act of 1976 added Part XIV-A, titled 'Tribunals', to the Constitution.
Textbookhard
Q2.Consider the following statements regarding the constitutional provisions for tribunals:
1. Part XIV-A of the Constitution is entitled 'Administrative Tribunals'.
2. Article 323 A deals with tribunals for matters other than administrative ones.
3. The 42nd Amendment Act of 1976 added the provisions for tribunals.
How many of the above statements are correct?
Explanation: Only statement 3 is correct. Statement 1 is incorrect; Part XIV-A is entitled 'Tribunals', not 'Administrative Tribunals'. Statement 2 is incorrect; Article 323 A deals with administrative tribunals, while Article 323 B deals with tribunals for other matters.
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Q3.Match the following pairs:
1. Article 323 A : Tribunals for other matters
2. Article 323 B : Administrative tribunals
3. Part XIV-A : Tribunals
How many of the pairs given above are correctly matched?
Explanation: Only the third pair is correctly matched. Part XIV-A is titled 'Tribunals'. Article 323 A deals with administrative tribunals, and Article 323 B deals with tribunals for other matters, making the first two pairs incorrectly matched.
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Q4.With reference to the constitutional design for tribunals in India, consider the following statements:
1. The Constitution creates a single, consolidated article to govern all types of tribunals.
2. The constitutional framework bifurcates the provisions for tribunals based on their subject matter, specifically separating administrative matters from others.
Which of the statements given above is/are correct?
Explanation: Statement 1 is incorrect. The constitutional design includes two separate articles, 323 A and 323 B. Statement 2 is correct as Article 323 A deals with administrative tribunals and Article 323 B deals with tribunals for other matters, thus creating a clear distinction in the framework.
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Q5.Consider the following statements:
1. The 42nd Amendment Act of 1976 was responsible for adding provisions related to tribunals to the Constitution.
2. The original Constitution contained provisions for tribunals under Part XIV.
3. Part XIV-A of the Constitution consists of two articles, 323 A and 323 B.
Which of the statements given above is/are NOT correct?
Explanation: Statement 2 is not correct. The original Constitution did not contain any provisions with respect to tribunals. These were added later. Statements 1 and 3 are correct facts regarding the introduction and structure of tribunal-related provisions.
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Q6.Consider the following statements regarding the Central Administrative Tribunal (CAT):
1. The CAT is a multi-member body consisting of a Chairman, Vice-Chairman, and Members.
2. The members of the CAT are appointed by the President based on the recommendations of a committee chaired by a sitting Supreme Court Judge.
3. A member of the CAT holds office for a term of five years or until they attain the age of 65 years, whichever is earlier.
Which of the statements given above is/are NOT correct?
Explanation: Statement 1 is incorrect because the provision for a Vice-Chairman in the CAT was removed by the Administrative Tribunals (Amendment) Act, 2006. Statement 3 is incorrect because the retirement age for a member is 62 years, while for the chairman it is 65 years. Statement 2 is correct as appointments are made based on recommendations from a high-powered selection committee chaired by a sitting Supreme Court Judge.
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Q7.Statement I: The Administrative Tribunals Act, 1985, originally provided that appeals against the orders of the Central Administrative Tribunal (CAT) could only be made in the Supreme Court.
Statement II: The Supreme Court, in the Chandra Kumar case (1997), held that judicial review is part of the basic structure of the Constitution, and thus appeals against CAT orders must lie before the concerned High Court.
Explanation: Statement I is correct as the original act excluded the jurisdiction of high courts. Statement II is also correct and provides the precise legal reasoning for the change in the appellate procedure. The Supreme Court's ruling in the Chandra Kumar case invalidated the original provision by establishing that the High Court's power of judicial review over tribunals could not be excluded.
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Q8.How many of the personnel categories listed below are covered under the jurisdiction of the Central Administrative Tribunal (CAT)?
1. Members of the defence forces
2. Civilian employees of defence services
3. Officers and servants of the Supreme Court
4. Members of the all-India services
5. Secretarial staff of the Parliament
Explanation: The jurisdiction of the CAT extends to civilian employees of defence services and members of the all-India services. It does not cover members of the defence forces, officers and servants of the Supreme Court, or the secretarial staff of the Parliament. Therefore, only two of the listed categories are covered.
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Q9.With reference to the constitutional provisions for tribunals, consider the following statements:
1. Tribunals under Article 323A can be established by both the Parliament and state legislatures.
2. Article 323B allows for the creation of a hierarchy of tribunals, which is not a feature under Article 323A.
3. While Article 323A is confined to public service matters, Article 323B covers a range of other matters including taxation and land reforms.
Which of the statements given above is/are correct?
Explanation: Statement 1 is incorrect; tribunals under Article 323A can be established only by the Parliament. Statement 2 is correct as Article 323B allows for a hierarchy of tribunals, unlike Article 323A. Statement 3 is also correct, as Article 323A is exclusively for public service matters, whereas Article 323B pertains to other specified matters like taxation, land reforms, etc.
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Textbookhard
Q10.Consider the following pairs:
1. Central Administrative Tribunal (CAT) : Established by the Central Government
2. State Administrative Tribunal (SAT) : Chairman and members appointed by the Governor of the state
3. Joint Administrative Tribunal (JAT) : Chairman and members appointed by the President
How many of the pairs given above are correctly matched?
Explanation: Pair 1 is correct: The Administrative Tribunals Act, 1985 authorises the Central government to establish the CAT. Pair 2 is incorrect: The chairman and members of SATs are appointed by the President after consultation with the Governor, not directly by the Governor. Pair 3 is correct: The chairman and members of a JAT are appointed by the President after consultation with the governors of the concerned states. Thus, only two pairs are correctly matched.
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Q11.Consider the following pairs regarding the territorial jurisdiction of Tribunal Benches:
1. Calcutta Bench : West Bengal and Sikkim
2. Bombay Bench : Maharashtra, Goa, and Dadra and Nagar Haveli
3. Ernakulam Bench : Kerala and Lakshadweep
4. Chandigarh Bench : Punjab, Haryana, Chandigarh, and Himachal Pradesh
How many of the pairs given above are correctly matched with their complete jurisdiction?
Explanation: Only one pair is correctly and completely matched. Pair 1 is incorrect as the Calcutta Bench also covers the Andaman and Nicobar Islands. Pair 2 is incorrect as the Bombay Bench also covers Daman and Diu. Pair 3 is correct as the Ernakulam Bench's jurisdiction is Kerala and Lakshadweep. Pair 4 is incorrect as the Chandigarh Bench also covers J&K and Ladakh.
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Textbookhard
Q12.Consider the following Union Territories:
1. Ladakh
2. Puducherry
3. Lakshadweep
4. Andaman and Nicobar Islands
5. Daman and Diu
How many of the Union Territories listed above fall under the jurisdiction of a Tribunal Bench that is NOT the Principal Bench in Delhi?
Explanation: Based on the provided table: Ladakh is under the Chandigarh Bench; Puducherry is under the Madras Bench; Lakshadweep is under the Ernakulam Bench; Andaman and Nicobar Islands are under the Calcutta Bench; and Daman and Diu is under the Bombay Bench. Therefore, all five listed Union Territories fall under the jurisdiction of benches other than the Principal Bench in Delhi.
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Q13.With reference to the territorial jurisdiction of the Tribunal Benches, consider the following statements:
1. The jurisdiction over the state of Uttar Pradesh is divided between the Allahabad Bench and the Lucknow Bench.
2. The jurisdiction over the state of Rajasthan is exclusively handled by the Jodhpur Bench.
3. The states of Madhya Pradesh and Chhattisgarh both fall under the jurisdiction of the Jabalpur Bench.
Which of the statements given above is/are NOT correct?
Explanation: Statement 2 is not correct. The territorial jurisdiction for Rajasthan is divided between the Jodhpur Bench and the Jaipur Bench. Statement 1 is correct as Uttar Pradesh's jurisdiction is split between the Allahabad and Lucknow Benches. Statement 3 is also correct as the Jabalpur Bench covers both Madhya Pradesh and Chhattisgarh.
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Q14.Consider the following statements regarding the Circuit Sittings of Tribunal Benches:
1. The Calcutta Bench holds Circuit Sittings in both Port Blair and Gangtok.
2. To cover its extensive jurisdiction, the Chandigarh Bench holds Circuit Sittings in Shimla, Jammu, and Srinagar.
3. The Guwahati Bench holds Circuit Sittings in the capital cities of all the states under its jurisdiction, except for the city where the main bench is located.
Which of the statements given above is/are correct?
Explanation: All three statements are correct. The table on Circuit Sittings confirms that the Calcutta Bench sits in Port Blair and Gangtok (Statement 1), and the Chandigarh Bench sits in Shimla, Jammu, and Srinagar (Statement 2). The Guwahati Bench has jurisdiction over 7 states (Assam, Meghalaya, Manipur, Tripura, Nagaland, Mizoram, Arunachal Pradesh) and holds circuit sittings in the capitals of 6 of them (Shillong, Itanagar, Kohima, Agartala, Imphal, Aizawl), excluding Guwahati/Dispur where the main bench is located (Statement 3).
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Textbookhard
Q15.Consider the following pairs:
(Bench) : (Circuit Sitting Location)
1. Jabalpur Bench : Indore, Gwalior, Raipur
2. Bombay Bench : Nagpur, Aurangabad, Panaji
3. Patna Bench : Ranchi
4. Allahabad Bench : Nainital
How many of the pairs given above are correctly matched?
Explanation: Pair 1 is incorrectly matched; the Jabalpur Bench holds circuit sittings at Indore, Gwalior, and Bilaspur, not Raipur. Pair 2 is correctly matched; the Bombay Bench sits at Nagpur, Aurangabad, and Panaji. Pair 3 is correctly matched; the Patna Bench sits at Ranchi. Pair 4 is correctly matched; the Allahabad Bench sits at Nainital. Therefore, three pairs are correctly matched.
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Current Affairshard
Q16.In light of the Supreme Court's recent ruling in the *Union of India v. AIR Commodore NK Sharma (2023)* case, consider the following statements regarding the powers and limitations of tribunals in India:
1. Tribunals, such as the Armed Forces Tribunal (AFT), are empowered to direct the government to formulate specific policies concerning service conditions.
2. The Supreme Court's ruling in the *Chandra Kumar case (1997)* established that judicial review by High Courts over tribunal orders is a part of the Constitution's basic structure.
3. The formulation of policy is considered a prerogative of the government, a principle that applies to both the judiciary and quasi-judicial bodies like tribunals.
4. Administrative Tribunals are strictly bound by the procedural rules laid down in the Civil Procedure Code of 1908 to ensure uniformity with civil courts.
How many of the above statements are correct?
Explanation: Statement 1 is incorrect; the 2023 Supreme Court ruling explicitly states that tribunals cannot direct the government to make policy. Statement 2 is correct; the *Chandra Kumar case (1997)* affirmed that judicial review by High Courts is part of the basic structure and cannot be excluded. Statement 3 is correct; the recent ruling reiterated that policy-making is solely within the government's domain. Statement 4 is incorrect; the static text clearly mentions that the CAT is not bound by the Civil Procedure Code but is guided by the principles of natural justice. Therefore, only two statements (2 and 3) are correct.
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