Law optional 2022 Paper I

Are administrative tribunals competent to examine the constitutional validity of primary legislations? Discuss in the light of case law.

Verified Answer

Core Legal Answer & Context: Administrative tribunals are specialized judicial bodies established to adjudicate specific types of disputes, often involving government agencies. Their primary role is to interpret and apply existing laws and rules, and to review administrative actions for legality and fairness. However, their competence generally does not extend to examining the constitutional validity of primary legislation (Acts of Parliament or State Legislatures).

Relevant Statutes and Sections:

  1. Article 323A & 323B: Constitutional provisions enabling the establishment of administrative tribunals in India.
  2. Administrative Tribunals Act, 1985: Governs the establishment and jurisdiction of Central and State Administrative Tribunals.

Important Landmark Cases:

  1. L. Chandra Kumar v. Union of India (1997): This landmark Supreme Court judgment definitively held that administrative tribunals, while competent to perform judicial review of administrative action, lack the power to examine the constitutional validity of primary legislation. This power is exclusively vested in the High Courts (under Articles 226/227) and the Supreme Court (under Articles 32/136). The Court clarified that tribunals function as courts of first instance for their specified matters, but their decisions are subject to the supervisory jurisdiction of the High Courts.

Clear Conclusion: Administrative tribunals are not competent to examine the constitutional validity of primary legislation. Their jurisdiction is limited to applying and interpreting laws and reviewing administrative actions. The power to determine the constitutionality of legislative enactments remains the exclusive domain of the High Courts and the Supreme Court, ensuring a hierarchical and specialized approach to judicial review.