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Indian PolityHardAsked in: CDS · CDS-I 2019, GK

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

  1. A.The Parliament may by law constitute Administrative Tribunals both at the Union and State levels.
  2. B.Tribunals may look into disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services.
  3. C.Tribunals established by a law of the Parliament can exclude the jurisdiction of all Courts to allow for special leave to appeal.
  4. D.The law establishing the Tribunals may provide for procedures including rules of evidence to be followed.

Correct answer

C. Tribunals established by a law of the Parliament can exclude the jurisdiction of all Courts to allow for special leave to appeal.

Explanation

The correct answer is C, the claim that tribunals set up by a law of Parliament can exclude the jurisdiction of all courts, including special leave to appeal. Article 323A, added by the 42nd Amendment in 1976, lets Parliament by law set up administrative tribunals for the Union and for each state or group of states to decide disputes on recruitment and service conditions of public servants. The article did allow such a law to exclude the jurisdiction of all courts except the Supreme Court's special leave jurisdiction under Article 136, so even on its own terms the appeal to the Supreme Court was kept. In L. Chandra Kumar (1997) the Supreme Court went further and held that judicial review by the High Courts and the Supreme Court under Articles 226, 227 and 32 is part of the basic structure. Option A is correct because Parliament can create tribunals at both levels. Option B is correct because service matters are their very subject. Option D is correct because the law may lay down their procedure, including rules of evidence. Exam tip: Article 323A service tribunals, 323B other tribunals, L. Chandra Kumar 1997.

Practice Questions

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Q1.Indian PolityAsked in: CDS · CDS-II 2020, GKMedium

Which one of the following is not a classified category of political parties as outlined by the Election Commission of India?

  1. A.National Parties
  2. B.State Recognised Parties
  3. C.Regional Parties
  4. D.Registered Unrecognised Parties
Show answer
Correct answer: C. Regional Parties

The Election Commission of India sorts political parties into three categories under the Election Symbols (Reservation and Allotment) Order, 1968: National Parties, State Parties (recognised in particular states) and Registered Unrecognised Parties.

Q2.Indian PolityAsked in: CDS · CDS-II 2020, GKMedium

Which one of the following statements with regard to the appointment of the Members of the Parliamentary Committees is correct?

  1. A.The Members are only appointed.
  2. B.The Members are only elected.
  3. C.The Members are only nominated.
  4. D.The Members are appointed or elected on a motion made and adopted or nominated by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha.
Show answer
Correct answer: D. The Members are appointed or elected on a motion made and adopted or nominated by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha.

This is part of the very definition of a parliamentary committee: it is appointed or elected by the House or nominated by the presiding officer, works under the presiding officer's direction, reports to the House, and has a secretariat provided by the Lok Sabha or Rajya Sabha secretariat.

Q3.Indian PolityAsked in: NDA · NDA-II 2024, GATMedium

Which of the following Committees does NOT consist of Members from the Upper House of the Parliament? 1. Public Accounts Committee 2. Estimates Committee 3. Committee on Public Undertakings Select the answer using the code given below:

  1. A.1 and 2
  2. B.1 and 3
  3. C.2 only
  4. D.3 only
Show answer
Correct answer: C. 2 only

The Estimates Committee is drawn entirely from the Lok Sabha, while the other two financial committees include members of the Rajya Sabha.

Q4.Indian PolityAsked in: NDA · NDA-II 2024, GATMedium

Consider the following statements : 1. The duties of the Attorney General of India are to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred to or assigned to him by the President of India 2. The Solicitor General of India is the secondary Law Officer of the country, who assists the Attorney General, and is himself assisted by several Additional Solicitor Generals of India Which of the statements given above is/are correct?

  1. A.1 only
  2. B.2 only
  3. C.Both 1 and 2
  4. D.Neither 1 nor 2
Show answer
Correct answer: C. Both 1 and 2

Statement 1 restates Article 76, and statement 2 correctly describes the Solicitor General's place below the Attorney General. Article 76 of the Constitution creates the office of the Attorney General, the highest law officer of the Union.