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Report No. 58

Disputes as to Matters relating to Civil Services

9. (a) Do you favour the creation of a court at the national level exclusively vested with jurisdiction over disputes between the Government and members of the public service in matters relating to service1 (including, in particular, petitions based on Article 311 of the Constitution), whose decisions2 will be final, subject to appeal to the Supreme Court as indicated below?

(b) Should such a Court be presided over by a person of the status of Supreme Court Judge or High Court Judge, aided by two experts whose independence is guaranteed by their tenure?

(c) Should the experts referred to in (b) above be members of the Court, or should they be only assessors?

(d) If your answer to (a) is in the negative, what other suggestions would you make as to the terms and conditions of service of its members?

(e) Should appeals to the Supreme Court from the above court--

(i) be allowed with special leave, or

(ii) be allowed with special leave but only if a substantial question of law of general importance is involved, or

(iii) be allowed with special leave but only if a question of fundamental right is involved, or (iv) be allowed subject to any other limitation?

(f) Besides a national Court as suggested in (a) above, do you favour regional courts for the purpose mentioned in (a) above?

1. These would include terms and conditions of service, promotions, punishment etc.

2. Compare tribunals functioning under French Administrative Law.

Structure and Jurisdiction of the Higher Judiciary Back

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