Plea For Permanent Bench Of Central Administrative Tribunal In J&K

The Supreme Court heard a Public Interest Litigation (PIL); which sought the establishment of the permanent bench of the Central Administrative Tribunal (CAT) in Jammu and Kashmir.

Mr. Arjun Garg filed the petition. Senior Advocate, Ravindra Shrivastava appeared for the petitioner. The Petition states that this violates the Fundamental Right of Access to Justice under the Articles 14 and 21 of the Constitution of India; due to the number of cases and demographic and geographic conditions of the state. It also states that the High Court’s powers are not taken away and it should continue to hear matters until a permanent bench with sufficient staff and facilities are made.

Taking note of the contentions, the Apex Court issued notices to the Centre, the Jammu and Kashmir High Court; and the Central Administrative Tribunal bench at Chandigarh for the same. The authorities need to reply to the notice within four weeks to the Supreme Court.

Before the abrogation Of Article 370

When Jammu and Kashmir’s special status was still in place; any amendment made to the Indian Constitution applied to the state only through a prescribed route under Article 370. It further stated that the amendment would be accepted in the state; only after the cabinet of Jammu and Kashmir agreed to it. Therefore, provisions related to tribunals (Articles 323A and 323 B), inserted in the Constitution (Forty-second Amendment) Act, 1976, were not applicable to the state. Similarly, the Administrative Tribunals Act, 1985 was not applicable.

However, on August 5, 2019, the Centre made all provisions of the Constitution applicable to Jammu and Kashmir through the Constitution (Application to Jammu & Kashmir) Order, 2019; with the agreement with the governor of Jammu and Kasmir. The next day, President Ram Nath Kovind, on Parliament’s recommendation, declared that all key provisions of Article 370 would cease to operate. As a result, these changes led to the application in Jammu and Kashmir of Articles 323A and 323B and the Administrative Tribunal Act, 1985, which govern the creation and functioning of the Central Administrative Tribunal and state administrative tribunals.

After the abrogation of Article 370

After, the integration of Jammu and Kashmir into India; its conversion to Union Territories, all the State employees have become Central Government employees. The Central administrative Tribunal is to hear all the service matters of these employees. Now Jammu and Kasmir cannot have its own tribunal to hear the issues of union territory employees because the 1985 law provides state administrative tribunals remain only for states.

Department of Personnel and Training in its notification dated 29 April 2019 transferred their jurisdiction; from the Jammu and Kashmir High Court to the Chandigarh bench of the Central Administrative Tribunal.

Ishan Harlalka
Ishan Harlalkahttp://lexinsider.com
I am a 3rd year law aspirant pursuing BA LLB. I am deeply interested in learning and am always looking forward to gain knowledge about new subjects. In my leisure time, I try to read books of various genres and by different authors. As people from non-law background may find it difficult to understand legal provisions and jargons, I try to write in a way that my articles are easy to comprehend and after reading them, one can discuss them with others.

CONTINUE READING

The case of Aruna Shanbaug that changed the Euthanasia laws...

0
It is my Belief that death is a friend to whom we should be grateful, for it frees us from the manifold ills which are our lot - Mahatma Gandhi. As human beings, out the umpteen desires that we have, one of them is definitely to have a peaceful death....

Justice D Y Chandrachud’s path-breaking Verdict in the Sabarimala Case of...

0
“Will the quest for equality and fraternity be denuded of its content where women continue to be treated as children of a lesser god in exercising their liberties in matters of belief, faith and worship? Will the pursuit of individual dignity be capable of being achieved if we deny...

After repealing section 377, its time to Legalise Same-Sex Marriage in...

0
A draconian, archaic law that criminalized homosexuality was struck down in a historic judgment given by the Supreme Court in 2018. Two years after the judgment, the LGBTQ (lesbian, gay, bisexual, transgender, and queer) community has now sought legal recognition of their relationships. As the social stigmas surrounding the LGBTQ...

Modern Day Book Burning a.k.a Internet Shutdowns

0
The internet has become an indispensable element in our society for all the obvious reasons. For the majority of users, not a single day goes by where we don't 'need' the internet and the lack of a reliable and fast connection can feel paralyzing. An internet shutdown refers to...

Letter to UNHRC – Dr Kafeel Khan, Punished Because He’s Muslim

0
Kafeel Khan, a doctor by profession and a social activist has been targeted by Yogi Government since 2017, in 3 years he had been maliciously arrested 3 times & imprisoned for around 14 months on the false charges set up against him at many instances. Now he is absolved...

Prison Life In India and its Aftermath

0
Everyone prays to never see the bars of prison in their lifetime. Yet, as fickle as life is, it is quite hard to predict the future. It is in everyone’s benefit to know a little bit about prison life; for movies and cinemas do not do justice to the...