Supreme Court Upholds Constitutional Validity of Abolishing Orissa Administrative Tribunal

In a landmark judgment delivered by the Supreme Court of India upheld the constitutional validity of the abolition of the Orissa Administrative Tribunal (OAT). The bench, comprising Hon'ble Chief Justice of India Dr Dhananjaya Y Chandrachud and Hon'ble Justice Hima Kohli, dismissed the appeals challenging the notification issued by the Union Government on August 2, 2019, which abolished the OAT. The judgment has significant implications for the functioning of administrative tribunals in the country.

The Supreme Court, in its judgment, addressed various aspects of the case and provided crucial legal reasoning. The court held that the writ petitions filed before the Orissa High Court were maintainable under Article 226 of the Constitution as the appellants claimed violation of their constitutional rights. The court emphasized that access to justice is a fundamental right and examined the facets of access, including effective adjudication, reasonable accessibility, speedy process, and affordability.

Bench stated, "The fundamental right of access to justice is no doubt a crucial and indispensable right under the Constitution of India. However, it cannot be interpreted to mean that every village, town, or city must house every forum of adjudication created by statute or the Constitution."

The court further addressed the argument that the Union Government's decision to abolish the OAT was arbitrary and violative of Article 14 of the Constitution. The bench held that the decision was based on relevant factors and not unreasonable. It emphasized that the State Government did not take advantage of its own wrong by ceasing appointments to the OAT after deciding to abolish it.

One of the key issues raised in the case was the failure of the Union Government to conduct a judicial impact assessment before abolishing the OAT. While the court acknowledged the importance of such assessments, it clarified that the directions in a previous judgment did not prohibit the abolition of specific tribunals without an assessment. However, the court directed the Ministry of Law and Justice to conduct a judicial impact assessment as per its previous directions.

The judgment also discussed the notification not being expressed in the name of the President, stating that non-compliance with Article 77 of the Constitution does not render it invalid. The court highlighted that the abolition of the OAT did not violate the fundamental right of access to justice as all pending cases were transferred to the Orissa High Court.

Supreme Court affirmed the validity of the notification abolishing the OAT, emphasizing that the decision was constitutionally valid. The judgment has set a precedent regarding the powers of the Union Government in establishing and abolishing administrative tribunals, providing clarity on the procedural and legal aspects involved.

Date of Decision: March 21, 2023 

 Orissa Administrative Tribunal Bar vs Union of India & others   

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