New Delhi: The Supreme Court on Tuesday upheld the Centre's decision to demolish the Odisha Administrative Tribunal as it held it constitutionally valid. A bench headed by Chief Justice DY Chandrachud rejected the plea by Orissa Administrative Tribunal Bar Association. Orissa Administrative Tribunal Bar Association has challenged the Orissa High Court's decision which upheld the abolition of OAT. The Central Government 2019 issued a notification to abolish the Odisha Administrative Tribunal.
The court said that the abolition of the Orissa Administrative Tribunal (OAT) was constitutionally valid as it noted that Article 323A does not preclude the Union of India from abolishing state administrative tribunals. Article 323A deals with Administrative tribunals.
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The bench also held that the Central government was correct to invoke Section 21 of the General Clauses Act to cancel the decision to set up the tribunal and the Centre's notification to abolish the tribunal is not violative of Article 14 of the Constitution. The court also noted that hearing people or any representatives are needed when such decisions are taken.
The court further noted that the power to establish Administrative Tribunal also includes a power to abolish the Tribunal. "The Union Government did not become a functus officio after establishing the OAT. Article 323A, which is an enabling power, cannot be construed as a mandatory provision," the court said during the hearing of the matter. (With Agency Inputs)
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(This story has not been edited by ETV Bharat and is auto-generated from a syndicated feed.)
