Q1. Which Constitutional Amendment introduced the provision for Tribunals in India?
- 40th Amendment Act, 1976
- 42nd Amendment Act, 1976
- 44th Amendment Act, 1978
- 52nd Amendment Act, 1985
Correct Option: 2. 42nd Amendment Act, 1976.
Explanation: The 42nd Amendment Act, 1976 inserted Part XIV-A into the Constitution, adding Articles 323A and 323B, which provide for the establishment of tribunals. Before this amendment, there was no provision for tribunals in the Constitution.
Q2. Which of the following is not under the jurisdiction of the Central Administrative Tribunal (CAT)?
- Members of the defense forces
- Employees of All-India Services
- Central civil services employees
- Civilian employees of the defense services
Correct Option: 1. Members of the defense forces.
Explanation: The CAT covers recruitment and service matters of All-India Services, Central Civil Services, and civilian defense employees, but excludes members of the defense forces, officers and servants of the Supreme Court, and staff of Parliament.
Q3. What was the significant outcome of the Chandra Kumar case (1997) with respect to tribunal appeals?
- Appeals from tribunals were allowed directly to the President
- High Court jurisdiction was completely abolished
- Appeals from tribunals must go to High Courts before the Supreme Court
- Supreme Court declared tribunals unconstitutional
Correct Option: 3. Appeals from tribunals must go to High Courts before the Supreme Court.
Explanation: In the Chandra Kumar case (1997), the Supreme Court held that the exclusion of High Court jurisdiction over tribunal decisions was unconstitutional, as judicial review is part of the basic structure of the Constitution. Now, appeals must go to High Courts first.
Q4. Which of the following statements is true about Article 323B?
- It deals only with administrative service matters
- It restricts tribunals to state-level issues only
- It allows only Parliament to establish tribunals
- It permits a hierarchy of tribunals
Correct Option: 4. It permits a hierarchy of tribunals.
Explanation: Article 323B allows Parliament and State Legislatures to set up tribunals on various issues like taxation, elections, labour, etc. It also permits a hierarchy of tribunals, unlike Article 323A which allows only one tribunal per level (Centre/State).
Q5. Who appoints the Chairman and Members of the Central Administrative Tribunal (CAT)?
- The Chief Justice of India
- The President, based on a selection committee’s recommendation
- The Union Public Service Commission
- The Prime Minister
Correct Option: 2. The President, based on a selection committee’s recommendation.
Explanation: The Chairman and Members of the CAT are appointed by the President, based on recommendations from a high-powered selection committee chaired by a Supreme Court judge nominated by the Chief Justice of India, and with ACC approval.