ALTAMAS KABIR
Rudrajyoti Bhattacharjee – Appellant
Versus
Union of India – Respondent
1. The Court: The answers to the various questions raised in this writ application relating to dispensation of justice through Tribunals established under Articles 323A and 323B of the Constitution, may ultimately' have far-reaching consequences. But at the present moment, we are only concerned with the petitioners' prayer for grant of interim relief.
2. On 16th January, 1995, the Central Government, by a Notification alleged to have been published in the Gazette of, India on 10th January, 1995, purported to establish the West Bengal Administrative Tribunal in exercise of the powers conferred under Sub-so (2) of S. 4 of the Administrative Tribunals Act, 1985, hereinafter referred to as the "1985 Act".
3. The petitioners, who are advocates by profession, have, inter alia, challenged the vires of s. 46 of the Constitution (42nd Amendment) Act, 1976, as being beyond the amending power of Parliament. The petitioners have also challenged the vires of the 1985 Act and have prayed for a declaration that the Notification issued under S. 4(2) of the said Act, purporting to establish the West Bengal Administrative Tribunal, is unconstitutional and void.
4. The petitioners have also pra
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