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UPSC Dictionary

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India is not a permanent member of the UN Security Council but has served as a non-permanent member 8 times — the most among non-permanent members.

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UPSC Dictionary

Central Administrative Tribunal

The Central Administrative Tribunal (CAT) is a statutory, quasi-judicial institution established to adjudicate disputes and complaints regarding the recruitment and conditions of service for persons appointed to public services and posts in connection with the affairs of the Union. Its origin lies in Article 323A of the Constitution, which was inserted by the 42nd Constitutional Amendment Act, 1976, empowering Parliament to establish such tribunals. The CAT was formally set up under the Administrative Tribunals Act, 1985, which came into force on November 1, 1985, to provide a specialized, speedy, and effective alternative to the High Courts for service matters. The primary problem it solved was the congestion of service-related cases in the High Courts.

The CAT exercises the exclusive original jurisdiction over service matters for central government employees, including those of All-India Services and civilians in defence services, but it excludes members of the armed forces and officers of the Supreme Court or High Courts. Section 14 of the Administrative Tribunals Act, 1985, defines this jurisdiction, which covers issues like promotion, transfer, pay, and disciplinary actions. The Tribunal is not bound by the strict procedure of the Code of Civil Procedure, 1908, but is guided by the principles of natural justice, and it has the powers of a civil court to summon witnesses and compel document production. A typical bench consists of one Judicial Member and one Administrative Member, blending legal expertise with administrative experience.

The CAT is closely connected to the constitutional framework of tribunals, which also includes Article 323B for tribunals dealing with other subjects like taxation. A significant change occurred after the Supreme Court's landmark judgment in L. Chandra Kumar v. Union of India (1997), which ruled that the power of judicial review vested in the High Courts under Articles 226 and 227 is part of the basic structure of the Constitution. Consequently, the provision in the 1985 Act that excluded the jurisdiction of all courts except the Supreme Court was struck down, and appeals against CAT orders are now challenged by way of a Writ Petition before the respective High Court, instead of directly to the Supreme Court.

References

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