Article 419 of the Costitution of India with Case law

📘 Article 419 of the Constitution of India – Jurisdiction of High Courts under the UPSC and PSC framework

🔹 Text of Article 419 (from the Constitution of India):

“Provision shall be made by Act of Parliament for the exercise of jurisdiction in relation to any matter to which the jurisdiction of the Administrative Tribunals may extend, by all or any of the High Courts.”

(Note: This provision comes under the framework of the Constitution (42nd Amendment) Act, 1976, and is part of the provisions related to Administrative Tribunals introduced in Part XIV-A.)

⚖️ Context of Article 419:

Article 419 was introduced as part of the 42nd Constitutional Amendment Act, 1976, under Part XIV-A, which deals with:

Tribunals

Article 323-A (Administrative Tribunals)

Article 323-B (Tribunals for other matters)

Article 419 complements Article 323-A, by enabling Parliament to enact laws that:

Define which High Court or how many High Courts can exercise jurisdiction over service-related matters that would otherwise fall under Administrative Tribunals.

🧾 Purpose:

To allow flexibility in judicial oversight in matters like recruitment, conditions of service of public servants, etc.

It allows High Courts to be designated for hearing matters in absence of a tribunal or alongside it, depending on Parliament’s enactment.

⚖️ Relevant Case Law:

🔹 1. L. Chandra Kumar v. Union of India, (1997) 3 SCC 261

Landmark Judgment on Administrative Tribunals under Articles 323-A & 323-B:

Held that tribunals are subject to the jurisdiction of High Courts and the Supreme Court under Articles 226/227 and 32.

Article 419 was interpreted to mean that Parliament can delegate judicial powers to tribunals, but judicial review remains with High Courts.

Key Principle: Tribunals are supplementary to High Courts, not substitutes.

🔹 2. S.P. Sampath Kumar v. Union of India, AIR 1987 SC 386

The Court upheld the constitutional validity of Administrative Tribunals, but:

Emphasized that such a system should provide equally effective alternative remedies as available in High Courts.

Article 419 was indirectly referenced in the context of Parliament’s power to distribute jurisdiction.

🔹 3. Union of India v. R. Gandhi, (2010) 11 SCC 1

Though this case focused on Company Law Tribunals, it discussed the scope of tribunalization, citing Article 419 and 323-A/B.

Reaffirmed that judicial independence and review powers of constitutional courts are integral and cannot be ousted by Parliament.

📝 Key Takeaways:

FeatureDescription
Article419
Introduced by42nd Amendment Act, 1976
Part ofPart XIV-A (Tribunals)
PurposeAllows Parliament to decide which High Court(s) can exercise jurisdiction on tribunal matters
Related toArticles 323-A, 323-B
Landmark caseL. Chandra Kumar v. Union of India (1997) – upheld judicial review by High Courts

📊 Summary Table:

ArticleSubjectRelevance
323-AAdministrative TribunalsService matters
323-BTribunals for tax, land, industrial, etc.Broad scope
419High Court jurisdiction over tribunal mattersParliament may define by law
226/227Judicial review by High CourtsCannot be excluded

 

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