In Brief
The Supreme Court upheld the constitutional validity of the abolition of the Odisha Administrative Tribunal (OAT) by notification in 2019. The Court held that Article 323-A is an enabling, not mandatory, provision permitting but not requiring the creation of administrative tribunals. The Union Government validly invoked Section 21 of the General Clauses Act to rescind the notification establishing the OAT, as the establishment decision was administrative, not quasi-judicial. The abolition was neither arbitrary nor violative of Article 14, as the government considered relevant factors including the tribunal's poor case disposal rate and costs. The principles of natural justice do not require pre-decisional hearings on policy matters. The fundamental right of access to justice remains protected through the High Court's judicial benches across the state. Appeals were dismissed and the High Court judgment affirmed.
The lawyer headnote and full judgment text are available to registered users.