Supreme Court of India

M.P. High Court Bar Association v. Union of India and Ors.

Neutral citation

Reported as [2004] SUPP. 4 S.C.R. 520

Bench R.C. Lahoti and C.K. Thakker JJ.

Decided 17 September 2004

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that it was within D the power of the State Government to continue or not to continue State Administrative Tribunal and it was open to the State Government to take such a decision, it cannot be set aside merely on the ground that such a decision was not advisable in the facts of the case or that other decision could have been taken.

Judgment, page 40

From the headnote

M.P. Reorganisation Act, 2000 : Section 74(1). Abolition of State Administrative Tribunal-Constitutionality of-Held : Not ultra vires Art. 323- or any other part of the Constitution-Further, L. Chandra Kumar's case did not lay down that once a Tribunal is constituted, created or established, there was no power either in the Central Government or the State Governments to abolish it-Constitution of India, 1950, Art, 323- -Administrative Tribunals Act, 1985, S. 4(2). Abolition of State Administrative Tribunal-Validity of-Held : The essential legislative function is to determine the legislative

Authorities it was built on

1959 Hamdard Dawakhana (wakf) Lal Kuan, Delhi and Another v. Union of India and Others cited by 25

Where later benches applied it

2023 Orissa Administrative Tribunal Bar Association v. Union of India & Others referred to
2023 Vivek Narayan Sharma v. Union of India referred to

Of those, 2 referred to

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