Report No. 162

Section III: Creation of An Appellate Forum and The Requirements of Judicial Review

45. Whether the provision, either by constituting permanent Service Benches in the High Courts or by constituting proposed National Administrative Appellate Tribunal would satisfy the requirement of judicial review which is the basic feature of the Constitution as held in the Keshvananda [Mardi v. State of Kerala, AIR 1973 SC 1461 and Minerva Mill Ltd. v. Union of India, (1980) 3 SCC 625.

46. If the answer to the above question is in affirmative, whether the jurisdiction of the High Court under Articles 226 and 227 of the Constitution of India can be excluded with regard to the decisions of the Central/State Administrative Tribunal because of the availability of an equally efficacious and speedy remedy by way of appeal and would satisfy the requirements of the judicial review, the basic feature of the Constitution.

47. Should the present structure subject to modification suggested in question Nos. 4, 5, 9 and 11 can continue in view of the proposed Appellate Forum being provided against the decision of the Central/State Administrative Tribunal satisfying the requirements of judicial review?

48. Any other suggestions which you propose to offer.