TMI Blog1986 (12) TMI 374X X X X Extracts X X X X X X X X Extracts X X X X ..... for the Constitution of an Administrative Tribunal for the State of Andhra Pradesh to exercise such jurisdiction, powers and authority including any jurisdiction, power and authority which immediately before the commencement of the Constitution (Thirty-Second Amendment) Act, 1973, was exerciseable by any Court (other than the Supreme Court) or by any Tribunal or other authority as may be specified in the order with respect to the following matters, namely:- (A) ........ (B) ........ (C) ........ (5) The order of the Administrative Tribunal finally disposing of any case shall become effective upon its confirmation by the State Government or on the expiry of three months from the date on which the order is made. whichever is earlier; Provided that the State Government may. by special order made in writing for reasons to be specified therein, modify or annul any order of the Administrative Tribunal before it becomes effective and in such a case, the order of the Administrative Tribunal shall have effect only in such modified form or be of no effect, as the case may be. Article 371-D was introduced in the Constitution by the Constitution (Thirty-Second A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n endeavouring solution to this problem in order to secure full emotion integration of the people of the State. On. 21st September 1973 a six-Point Formula was evolved by the political leaders to provide for a uniform approach for promoting accelerated development of the backward areas of the State so as to secure balanced development of the State as a whole and providing equitable opportunities to different areas of the State in the matter of education and employment in public services. The implementation of this Six Point Formula envisaged inter alia amendment of the Constitution conferring power on the President of India in order to secure smooth implementation of the measures based upon the Six-Point Formula without giving rise to litigation and consequent uncertainty. It was in pursuance of this requirement that Article 371-D was introduced in the Constitution in order to give effect to the Six-Point Formula. One of the measured contemplated in the Six-Point Formula related to the setting up of an Administrative Tribunal with jurisdiction to deal with grievances relating to public services and clauses (3) to (8) of Article 371-D gave effect to this proposal and provided for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of judicial review is concerned. The constitutional validity of Clause (3) of Article 371-D could not therefore be successfully assailed on the ground that it excluded the jurisdiction of the High Court in regard to certain specified service matters and vested it in the Administrative Tribunal. But the real controversy between the parties centered round the constitutional validity of Clause (5) of Article 371-D. This clause provides that the order of the Administrative Tribunal finally disposing of the case shall become effective upon its confirmation by the State Government or on the expiry of three months from the date on which the order is made, whichever is earlier. Standing by itself, this clause could not be regarded as in any way rendering the Administrative Tribunal less efficacious than the High Court because it would not be an extraordinary or unusual provision to lay down a period of time during which an order made by a tribunal may not be given effect to presumably in order to enable the State Government either to make arrangements for implementing the order of the tribunal or to prefer an appeal against it. But what really introduces an infirmity in Clause (5) of Ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... power has been exercised by the State Government in an inordinately large number of cases and even interim orders made by the Administrative Tribunal have been set at naught by the State Government though no such power is conferred on the State Government under the proviso to Clause (5). It is clear on a proper construction of the proviso read with Clause (5) that it is only an order of the Administrative Tribunal finally disposing of the case which can be modified or annulled by the State Government and not an interim order made by the Administrative Tribunal. But we find from the record that this limitation has been completely brushed aside by the State Government and it would be no exaggeration to say that the State Government has behaved in a most extravagant manner in modifying or annulling orders made by the Administrative Tribunal which were found inconvenient. We may point out that even at the time when Article 371-D was introduced in the Constitution, Parliament debates show that the Home Minister who piloted the bill did not envisage exercise of this power save in the most exceptional cases. Here, however, we find that this power has been indiscriminately used by the Stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all foul of the basic structure doctrine. Now it can hardly be disputed that the provision enacted in the Proviso to Clause (5) of Article 371-D deprives the Administrative Tribunal of its effectiveness and efficacy because it enables the State Government which is a party to the litigation before the Administrative Tribunal to over-fide the decision given by the Administrative Tribunal. The power of judicial review vested in the High Court under Articles 226 and 227 does not suffer from any such infirmity because whatever the High Court decides is binding on the State Government, subject only to a right of appeal to a court of superior jurisdiction and the State Government cannot, for any reason, set at naught the decision of the High Court. But the power of judicial review conferred on the Administrative Tribunal is by reason of the Proviso to Clause (5) of Article 371-D subject to the veto of the State Government and it is not at all effective or efficacious because the State Government can defeat its exercise by just passing an order modifying or nullifying the decision of the Administrative Tribunal. The Proviso to Clause (5) of Article 371-D has the effect of emasculating t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the Administrative Tribunal, the Order will operate insofar that those cases will now stand remanded to the Administrative Tribunal for judicial consideration in accordance with the observations of this Court in the Judgment of December 20, 1986. This direction will also cover those Writ Petitions which were transferred from the High Court to this Court. They shall stand transferred to the Administrative Tribunal and be considered similarly. In all those cases where Writ Petitions were filed against the Orders of the State Government modifying or superseding the Orders of the Administrative Tribunal, we direct that those cases shall be treated as concluded by the relative orders of the Administrative Tribunal as they stood before the said orders were interfered with by the State Government. We may add that Mr. L.N. Sinha, learned counsel appearing for the Union of India in all these cases, sought the permission of the Court to urge a ground in respect of the interpretation of Article 371-D of the Constitution. He contended that the power of Judicial review, even construed as a basic feature of the Constitution, was not precluded by the provisions of Article 371-D of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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