Administrative Tribunals and Election Commission

Administrative Tribunals in India are established for the Union, for each state, and for two or more states. They adjudicate disputes and complaints related to recruitment and service conditions of public servants. The tribunals provide a specialized forum for resolving service matters efficiently.

Administrative Tribunals specifically handle disputes and complaints related to recruitment and conditions of service for persons appointed to public services. They cover employees working for the Union, any State, or local authorities within India. The tribunals do not handle private sector disputes, eliminating options A and B.

The 42nd Constitutional Amendment Act (1976) introduced the concept of Tribunals in the Indian Constitution by inserting Articles 323A (Administrative Tribunals) and 323B (Tribunals for other matters). This was done to reduce the burden on courts and provide specialized adjudication.

Administrative Tribunals established under Article 323A have jurisdiction over disputes related to recruitment and service conditions of persons appointed to public services/posts under the Union, State governments, local authorities, and government corporations within India's territory.

Administrative Tribunals have exclusive jurisdiction in their designated matters, completely excluding the jurisdiction of both the High Court (under Article 226/227) and Civil Courts. They are designed as a specialized alternative to the regular judicial system, not as a supplementary forum.

While Administrative Tribunals generally exclude the jurisdiction of all courts, the Supreme Court's jurisdiction is preserved under Article 136, which allows it to grant special leave to appeal against any tribunal order. This provides a constitutional safeguard against tribunal decisions.

The 44th Constitutional Amendment Act (1978) deleted Article 329A, which had provided special protection to election laws. After this deletion, Part XV (Elections) of the Constitution contains provisions from Articles 324 to 329, covering the Election Commission, elections to Parliament and State Legislatures, and the bar to court interference.

The 44th Constitutional Amendment omitted Article 329A, which had been inserted by the controversial 39th Amendment to provide immunity to election laws from judicial scrutiny. This omission restored judicial oversight over electoral matters. Note: The 44th Amendment was passed in 1978, though it addressed excesses from the 1975 Emergency period.

The Election Commission of India, established under Article 324 of the Constitution, is responsible for conducting and supervising elections to the Parliament (Lok Sabha and Rajya Sabha), State Legislatures (Vidhan Sabha and Vidhan Parishad), and the offices of the President and Vice-President.

The 39th Constitutional Amendment Act (1975) inserted Article 329A to bar judicial scrutiny of elections to Parliament and State Legislatures, including elections of Prime Minister and Speaker. This was enacted during the Emergency to protect the then Prime Minister's election from being set aside by the Allahabad High Court.

Article 329 of the Constitution elaborates the bar to interference by courts in electoral matters. Article 329(1) prohibits courts from interfering in electoral matters, while Article 329(2) empowers Parliament to make laws to provide for presentation of election petitions and disputes to appropriate authorities.

Under Article 324(2) of the Constitution, the President of India appoints the Chief Election Commissioner and other Election Commissioners. While this appointment is made on the advice of the Prime Minister (as per the 91st Amendment), the formal constitutional authority for appointment rests with the President.

The Chief Election Commissioner serves as the Chairman of the Election Commission, which consists of the CEC and other Election Commissioners. The CEC has casting vote in case of tie and is the chief executive of the Commission responsible for conducting free and fair elections.

The Conduct of Elections Rules, 1961 were framed by the Central Government under the powers conferred by Section 169 of the Representation of the People Act, 1951. These rules were made in consultation with the Election Commission of India, which is responsible for their implementation during elections.

Administrative Tribunals established under the Administrative Tribunals Act 1985 exclude the jurisdiction of High Courts under Article 226 over service matters. Article 226 empowers High Courts to issue writs for enforcement of fundamental rights and for any other purpose, but service matters are now handled by Administrative Tribunals to reduce judicial burden.

Article 327 of the Constitution empowers Parliament to make laws relating to elections to Parliament and State Legislatures. This includes provisions regarding the preparation of electoral rolls, delimitation of constituencies, and other electoral matters. Article 328 deals with State Legislature powers, while 329 bars judicial interference in electoral matters.

The Election Commission of India decides disputes relating to the allotment of symbols to political parties under the Election Symbols (Reservation and Allotment) Order, 1968. The Representation of the People Act 1951 deals with election conduct but not symbol allocation. The Election Commission has quasi-judicial powers in this regard.

Article 324(4) provides that Regional Election Commissioners are appointed by the President after consultation with the Chief Election Commissioner. The Regional Commissioners assist the Chief Election Commissioner in conducting elections in their respective regions. The President acts on the advice of the CEC.

The Election Commission of India has the exclusive authority to allot symbols to political parties and candidates under the Election Symbols (Reservation and Allotment) Order, 1968. Neither political parties nor their internal committees have this power. This ensures uniformity and prevents confusion among voters.

De-recognition of a political party by the Election Commission is subject to judicial review. Courts can examine whether the EC acted arbitrarily, violated natural justice, or exceeded its jurisdiction. Judicial review ensures that EC's exercise of power conforms to constitutional principles and is not based on extraneous grounds.

According to Article 324(5) of the Constitution of India, the Chief Election Commissioner can be removed in the same manner as a Supreme Court judge, while the Election Commissioners and Regional Commissioners can be removed only on the recommendation of the Chief Election Commissioner.

Under Article 324(5) of the Constitution, Parliament has the power to make laws regarding the conditions of service and tenure of office of Election Commissioners and Regional Election Commissioners. This includes matters like salary, allowances, leave, and removal procedures. State Legislatures do not have this power.

The Election Commission of India has the exclusive power to decide de-recognition of political parties based on their electoral performance, including cases like election boycott. This power is derived from the Election Symbols Order and related electoral laws. Courts cannot interfere in the routine exercise of this power though they can review it for arbitrariness.

Article 324(1) vests in the Election Commission the superintendence, direction, and control of elections. This includes ample powers to make appropriate orders for conducting elections, such as canceling polls in specific areas, introducing EVMs, postponing elections due to emergencies, and other exigent measures. Regional Commissioners and other officers work under EC's direction.

Administrative Tribunal has been established for adjudication of disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other local authorities within the territory of India or under the control of Government of India and for matters connected therewith or incidental thereto. This was done in pursuance of the amendment of Constitution of India by Article 323A.