Holding

Section 17 of the Administrative Tribunals Act, 1985 is constitutionally valid and confers on administrative tribunals the power to punish for contempt, protected by Article 323A(2)(b) and (g), and such contempt matters are outside the jurisdiction of the High Court, with appeals lying only to the Supreme Court under Section 19 of the Contempt of Courts Act, 1971.

Summary

A contempt application was filed under Section 17 of the Administrative Tribunals Act, 1985 before the Andhra Pradesh Administrative Tribunal against the Principal Secretary for wilful disobedience of the Tribunal's order. The State and the Principal Secretary challenged the Tribunal's jurisdiction in the Andhra Pradesh High Court, which held that Section 17 no longer survived after L. Chandra Kumar and dismissed the contempt proceedings, directing the parties to follow the Contempt of Courts Act, 1971. On appeal, the Supreme Court held that Section 17 is constitutionally valid, protected by Article 323A(2)(b) and (g), and confers on administrative tribunals the same contempt powers as a High Court, subject to the modifications in the Contempt of Courts Act. The Court clarified that High Courts lack jurisdiction to entertain such contempt matters and that appeals from tribunal contempt orders lie only with the Supreme Court under Section 19 of the Contempt of Courts Act. Consequently, the High Court's judgment was set aside, the tribunal was directed to proceed with the contempt proceedings, and the High Court contempt case was transferred to the tribunal.

Issues considered

The constitutionality of Section 17 of the Administrative Tribunals Act, 1985 after the decision in L. Chandra Kumar v. Union of India
Whether administrative tribunals have the power to punish for contempt under Section 17
The jurisdiction of the High Court to entertain contempt proceedings against an administrative tribunal
The appropriate appellate forum for orders of contempt passed by an administrative tribunal

Legislation cited

Administrative Tribunals Act, 1985s. 14, s. 17, s. 19, s. 22, s. 27, s. 28, s. 30
Code of Civil Procedure, 1908
Constitution of Indias. 129, s. 136, s. 142, s. 144, s. 215, s. 226, s. 227, s. 32, s. 323A(2)(b), s. 323A(2)(g), s. 323B(3)(d)
Contempt of Courts Act, 1971s. 12, s. 19
Indian Penal Code, 1860s. 193, s. 219, s. 228

Subjects

administrative tribunalcontempt jurisdictionSection 17Article 323Ajudicial reviewhigh court jurisdictionSupreme Court appealbasic structure doctrine

Judgment

A T. SUDHAKAR PRASAD ETC.
v.
GOVT. OF A.P. AND ORS.

DECEMBER 13, 2000

B [DR. A.S. ANAND, CJ., R.C. LAHOTI AND
K.G. BALAKRlSHNAN, JJ.]

Administrative Tribunals Act, 1985-Section 17-Constitution of India,
C 1950-Article 323·A(2)(b) and (g)-Contemptjurisdiction-Of Administrative
Tribunal-After decision in L. Chandra Kumar v. Union of India-Whether
survives-Held, yes-Section 17 was not declared ultra vires the Constitution
in the decision- The Section is protected by sub-clause (b) and (g) of Clause
(2) of Article 323-A.

D A contempt application was filed under Section 17 of the Administrative
Tribunals Act before the Administrative Tribunal for initiating contempt
proceedings against the principal secretary for nouting its order. The State
and the Principal Secretary filed writ petition before the High Court
challenging the jurisdiction of the Tribunal in taking cognizance of the
contempt case. In other appeal a contempt application was filed before High
E Court for flouting the order of the Tribunal, without approaching the Tribunal
u/s 17.

High Court held that in view of the decision in L. Chandra Kumar's Case,
Section 17 no more survives, and the Tribunal cannot exercise the contempt
F jurisdiction under Section 17 as the same had become non-est under law;
and that the petitioner cannot approach High Court directly, for contempt of
subordinate court, but only by following the procedure as applicable to the
contempt of subordinate courts provided under the provisions of Contempt of
Court Act, 1971. Hence these appeals.

G Allowing the appeals, the Court

HELD : I.I. The Constitution Bench has not dedared the provisions of
Article 323-A(2)(b) or Article 323-B(3)(d) or Section 17 of the Administrative
Tribunals Act as ultra vires the Constitution. Clause 2(b) of Article 323-A
H specifically empowers the parliament to enact a law specifying the jurisdiction
610
T. Sl:OHAKAR PRASAD v. GOVT. OF A.P. AND ORS. 611

and powers including the power to punish for contempt, being conferred on A
administrative tribunals constituted under Article 323-A. Section 17 of the
Act derives its legislative sanctity therefrom. The power of the High Court to
punish for contempt of itself under Article 215 of the Constitution remains
intact but the jurisdiction, power and authority to hear and decide the matters
covered by sub-section (1) of Section 14 of the Act having been conferred on B
the administrative tribunals, the jurisdiction of the High Court to that extent
has been taken away and hence the same jurisdiction which vested in the High
Court to punish for contempt of itself in the matters now falling within the
jurisdiction of tribunals if those matters would have continued to be heard by
the High Court has now been conferred on the administrative tribunals under
Section 17 of the Act. The jurisdiction is the same as vesting in the High C
Courts under Article 215 of the Constitution read with the provisions of the
Contempt of Courts Act, 1971. The need for enacting Section 17 arose, firstly,
to avoid doubts, and secondly, because the Tribunals are not "courts of record".
While holding the proceedings under Section 17 of the Act, the tribunal
remains a tribunal and so would be amenable to jurisdiction of High Court D
under Article 226!227 of the Constitution subject to the well-established rules
of self-restraint governing the discretion of the High Court to interfere with
the pending proceedings and upset the interim or interlocutory orders of the
tribunals. However, any order or decision of tribunal punishing for contempt
shall be appealable only to the Supreme Court within 60 days from the date of
the order appealed against in view of the specific provision contained in Section E
19 of the Contempt of Courts Act, 1971 read with Section 17 of the
Administrative Tribunals Act, 1985. Section 17 of Administrative Tribunals
Act is a piece of legislation by reference. The provisions of Cotempt of Courts
Act are not as if lifted and incorporated in the text of Administrative Tribunals
Act (as is in the case of legislation by incorporation); they remain there where F
they are yet while reading the provisions of Contempt of Courts Act in the
context of Tribunals, the same will be so read as to read the word 'Tribunal'
in place of the word 'High Court' wherever it occurs, subject to the
modifications set out in Section 17 of the Administrative Tribunals Act.
1624-D; 625-B-Hl G

l. Chandra Kumar v. Union of India & Ors., (19971 3 SCC 261,
explained.

Supreme Court Bar Association v. Union of India & Anr., (1998) 4 SCC
409, referred to. H
612 SUPREME COURT REPORTS [2000) SUPP. 5 S.C.R.

A 1.2. The validity of Section 17 of the Act is protected not only by sub-
clause (b) of Clause (2) of Article 323-A but also by sub-clause (g) thereof.
Contempt jurisdiction is exercised for the purpose of upholding the majesty
of law and dignity of judicial system as also of the courts and tribunals
entrusted with the task of administering delivery of justice. Power of contempt
B has often been invoked, as a step in that direction, for enforcing compliance
of orders of courts and punishing for lapses in the matter of compliance. The
majesty of judicial institution is to be ensured so that it may not be lowered
and the functional utility of the constitutional edifice is preserved from being
rendered ineffective. The proceedings for contempt of court cani:ot be used
merely for executing decree of the court. With a view to preserve the flow of
C the steam of justice in its unsullied form and in unstainted purity wilful
defiance with the mandate of the court is treated to be contemptuous.
Availability of jurisdiction to punish for contempt provides efficacy to
functioning of the judicial forum and enables the enforcement of the orders
on account of its deterrent effect on avoidance. (628-F, G, H; 629-AJ
D
2. There is no anathema in the Tribunal exercising jurisdiction of High
Court and in that sense being supplemental or additional to the High Court,
but .. t the same time not enjoying the status equivalent to High Court and
also being subject to judicial review ond judicial superintendence of the High
Court. Jurisdiction should not be confused with status and subordination.
E Transfer of jurisdiction In specific matters from the High Court to the
Administrative Tribunal equates the tribunal with the High Court in so far
as tho exercise of judicial authority over the specified matters is concerned.
That does not cssign the administrative tribunals a status equivalent to that
of the High Collrt. What has been conferred on the administrative tribunal in
F not only jurisdiction of the High Court but also of the subordinate courts as
to specified matters. High Courts are creatures of Constitution and their
Judges hold constitutional office having been appointed under the Constitution.
The Tribunals are creatures of statute and their members are statutorily
appointed and hold statutory office. (627-G, H; C, DJ

G State ofOrissa v. Bhagban Sarangi. (1995[ I sec 399 and T.N. Seshan,
Chief Election Commissioner of India v. Union of India, (1995[ 4 SCC 611,
referred to.

CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 5089-90 of
H I998.
T. SUDHAKAR PRASAD v. GOVT. OF A.P. AND ORS. [LAHOTI, J.) 613
From the Judgment and Order dated 17 .8.98 of the Andhra Pradesh High A
Court in W.P. No. 34841of1997 and Contempt Case No. 1054of1998.
WITH
Civil Appeal Nos. 5091-5092/1998 and C.A. Nos. 768-769/2000.

K.N. Shukla, Sr. Adv., L. Nageshwara Rao, J.R. Manohar Rao, Roy B
Abraham, G.R.K. Prasad, Azim Laskar, R. Santhanakrishnan, S.U.K. Sagar, D.
Mahesh Babu, Ms. Madhurima Tatia, Hemant Sharma, B.K. Prasad, D.S. Mehra,
Avatar Singh Rawat, K. Ram Kumar and C.S. Srinivasa Rao (NP), Anil Kumar
Tandale, Ms. T. Anamika and V. Sridhar Reddy for the appearing parties.

The Judgment of the Court was delivered by c
R.C. LAHOTI, J. Administrative Tribunals set up under the provisions
of Administrative Tribunals Act, 1985, do they or do they not have power to
punish for their contempt? Whether after the decision of this court in l.
Chandra Kumar v. Union of India & Ors., [1997] 3 SCC 261, Section 17 of
the Administrative Tribunals Act, 1985 (hereinafter, the 'Act' for short) does D
not survive and has been rendered unconstitutional or otiose? These questions
of far-reaching implications to the administration of justice through tribunals
arise for consideration in these appeals.

A cursory view of factual backdrop. An application (Contempt E
Application No.562/1996 in 0.A. No.35574/1991) invoking the contempt
jurisdiction of Andhra Pradesh Administrative Tribunal under Section 17 of
the Act and seeking initiation of proceedings against the Principal Secretary,
Irrigation and CAD Department was filed complaining ofwifful disobedience
by the latter of an order passed by the Tribunal in favour of the applicant.
The Tribunal initiated the proceedings. The State of A.P. and the Principal F
Secretary tiled a writ petition (CWP No.34841/1997) in the High Court of
Andhra Pradesh laying challenge to the jurisdiction of the Tribunal to take
cognizance of the contempt case. In another matter an application (Contempt
Case No. 105411998) invoking contempt jurisdiction of the High Court, without
approaching the Tribunal under section 17 of the Act, and complaining of G
wifful disobedience of an order passed by the Andhra Pradesh Administrative
Tribunal was filed before the High Court. In both the matters, question arose
whether such proceedings were appropriately maintainable before the High
Court or the Administrative Tribunal. The issue has been disposed of by a
Division Bench of Andhra Pradesh High Court holding as under:-
H
614 SUPREME COURT REPORTS (2000] SUPP. S S.C.R.

A "( 1) that in view of the decision rendered by the Supreme Court
in L. Chandra Kumar v. Union of India and Ors., (supra), Section 17
of the Administrative Tribunals Act, 1985, no more survives;

(2) that consequently, the Administrative Tribunals set-up under
the Administrative Tribunals Act, 1985 cannot exercise the contempt
B jurisdiction under Section 17 of the said Act, as the same had become
non-est under law;

(3) the contempt proceedings in Contempt Application No. 562 of
1996 on the file of the Andhra Pradesh Administrative Tribunal are set
aside as being devoid of jurisdiction. But, this will not preclude the
c respondents 1 to 6 in Writ Petition No. 34841 of 1997 from approaching
this Court for punishing the contempt of A.P. Administrative Tribunal
relating to the decision rendered in O.A. No. 35574 of 1991 by following
the procedure as applicable to the contempt of subordinate courts

D
provided under the provisions of the Contempt of Courts Act, 1971
and the rules made thereunder by the Andhra Pradesh High Court;
and
-
(4)_ that similarly, the petitioner in CC No.1054 of 1998 has to
approach this court only by following the procedure as applicable to
the contempt of subordinate courts provided under the provisions of
Contempt of Courts Act, 1971 and the rules made thereunder by the
E
Andhra Pradesh High Court and not directly."

Accordingly, the High Court has directed the contempt application
pending before it to be dealt with by following the procedure applicable to
contempt of subordinate courts and the contempt application filed in the
F Tribunal has been directed to be dismissed as one before forum without
jurisdiction with liberty to the applicant to initiate the proceedings afresh by
following the procedure as stated by the High Court. These appeals have
been filed feeling aggrieved by the judgment of the High Court taking the
view as aforesaid.

G A perusal of the judgment of the High Court shows that the Division
Bench has traced the history of the establishment of Administrative Tribunal
. by referring to the relevant provisions of Constitution (Forty-second
Amendment) Act, 1976, the Administrative Tribunals Act, and exploring the
nature of contempt jurisdiction exercised by the superior courts for punishing
the contempt of the courts and Tribunals subordinate to the High Courts. The
H High Court has extracted and reproduced extensively from the Constitution
T. SUDHAKAR PRASAD v. GOVT. OF A.P. AND ORS. [LAHOTI, J.] 615

Bench judgment of this court in Supreme Court Bar Association v. Union of A
India, [ 1998] 4 SCC 409 and also analysed in its own way the decision of this
court in L. Chandra Kumar (supra) and therefrom drawn the following

- deductions (vide para 14 of the impugned judgment), which will be useful to
reproduce so as to appreciate the reasoning of the High Court :-

"14. As such, it is clear that in the State, the High Court is the only B
superior court and the superior Court of Record. The High Court is
the custodian of the dignity and majesty of law in the State, concerning
not only itself but also all courts subordinate to it. Subordinate courts/
Tribunals have not been empowered to punish contempt of
themselves. They have to report to the High Court in the prescribed C
form and then the High Court will exercise the said power. It is well
settled that when a statute specifically provi.:les for the exercise of a
power by named authority, the ambit and location of that power is to
be sought only as prescribed by the said statute and not otherwise.
The submission of the learned Amicus Curiae that without contempt
power, the Administrative Tribunals would become ineffective, cannot D
be considered, as the power of court/Tribunal over a cause has no
relevance to and does not determine its power to deal with a contempt
of itself. A reading of Section 30 would make the things very clear that
what is independently conferred upon the Tribunal is to deal with
exfacie curiae contempt under Section 228 of Indian Penal Code, E.
which power also is vested in the other subordinate courts/tribunals,
to the exclusion of High Court in view of provision to Section I 0 of
Contempt of Courts Act, 1971. As such, the legislative intent is clear
that only against offences committed against the public servants in
discharge of their judicial functions, the Administrative Tribunals
Act makes an independent provision analogous to that of the other F
subordinate courts/tribunals. That, Administrative Tribunals are
subordinate to High Court, admits of no doubt, as such Tribunals
exercise the judicial power of the State and are amenable to the
Jurisdiction of judicial review and judicial superintendence of the
High Courts under Articles 226 and 227 of the Constitution. The G
tribunal cannot be said to have the contempt power sui generis. The
status of the Administrative Tribunal is on par with any other
subordinate court like district Courts and other Tribunals amenable to
the jurisdiction of the High Courts, with only exception that the
Administrative Tribunals are conferred with power of judicial review
of legislative action also, because of the wrdict in CHANDRA KUMAR 's H
616 SUPREME COURT REPORTS [2000) SUPP. 5 S.C.R.

A case (supra). But, such conferment of power by the Supreme Court
in CHANDRA KUMAR 's case enabling the Administrative Tribunal to
exercise the power of judicial review of legislative action cannot
elevate the status of the Administrative Tribunal to that of High
Court. Further, if the contempt power is exercised by the Administrative
Tribunal, then under Section 19 of the Contempt of Courts Act, 1971,
B the matter is directly appealable to the Supreme Court as of right and
the decision on thereon by the apex court becomes final. It is
incomprehensible that when the Supreme Court has ruled in CHANDRA
KUMAR 's case that no judgment rendered by the Administrative
Tribunals in service matter can be directly appea!able the Supreme
c Court under Article 136 of the Constitution, that the contempt
jurisdiction still vests in the Administrative Tribunals, as in that
event, the dicta laid down by the Supreme Court will be violated,
as against the exercise of contempt power by the Administrative
Tribunal, the matters have to go directly to the Supreme Court by way
of appeal and that too, as of right. The contempt power cannot be
D exercised by the Administrative Tribunal concurrently with the High
Court, as there is no such scheme either constitutional under Article
215 or statutory under Contempt of Court Act, 1971. We cannot also
accede to the contention that the contempt power can be exercised
by the Administrative Tribunal subject to judicial review of the said
E exercise by the Court under Article 226 of the Constitution, for the
same reason that if the contempt power is exercised by the
Administrative Tribunal, this court's jurisdiction is barred, as there
is a right of appeal to the Supreme Court under Section 19 of the
Contempt of Courts Act, 1971 and the power which is intended for
exercise, as of right, by the Supreme Court of India can never be
F usurped by the High Court under the guise of exercising the
jurisdiction under the Article 2261227 of the Constitution of India. "

[emphasis supplied]

We will shortly revert back to testing the correctness of the reasoning
G adopted and the conclusions drawn by the High Court. We proceed to deal
with the relevant constitutional and statutory provisions.

Constitution (Forty-second Amendment) Act, 1976 introduced 'Part XlV-
A-Tribunals' engrafting Articles 323A and 3238 into the body of the
Constitution. We are not concerned with Article 3238 dealing with tribunals
H for other matters. We are concerned with administrative tribunals dealt in
T. SUDHAKAR PRASAD v. GOVT. OF A.P. AND ORS. [LAHOTI, J.) 617

Article 323A which is reproduced as under :- A
"323A. Administrative Tribunals.--( I) Parliament may, by law, provide
for the adjudication or trial by administrative tribunals of disputes and
complaints with respect of recruitment and conditions of service of
persons appointed to public services and posts in connection with
the affairs of the Union or of any State or of any local or other B
authority within the territory of India or under the control of the
Government of India or of any corporation owned or controlled by the
Government.

(2) A law made under clause (I) may, -
c
(a) provide for the establishment of an administrative tribunal for
the Union and a separate administrative tribunal for each State
or for two or more States;

(b) specify the jurisdiction, powers (including the power to
punish for contempt) and authority which may be exercised by D
each of the said tribunals;

(c) provide for the procedure (including provisions as to limitation
and rules of evidence) to be followed by the said tribunals;

(d) exclude the jurisdiction of all courts, except the jurisdiction of E
the Supreme Court under Article 136, with respect to the disputes
or complaints referred to in clause (I);

(e) provide for the transfer to each such administrative tribunal
of any cases pending before any court or other authority
immediately before the establishment of such tribunal as would F
have been within the jurisdiction of such tribunal if the causes
of action on which such suits or proceedings are based had
arisen after such establishment.

(f) repeal or amend any order made by the President under clause
(3)ofArticle371D; G
(g) contain such supplemental, incidental and consequential
provisions (including provisions as to fees) as Parliament may
deem necessary for the effective functioning of, and for the
speedy disposal of cases by, and the enforcement of the orders
of, such tribunals. H
618 SUPREME COURT REPORTS [2000) SUPP. 5 S.C.R.

A (3) The provisions of this article shall have effect notwithstanding
anything in any other provision of this Constitution or in any other
law for the time being in force."

[emphasis supplied]

B In pursuance of Article 323A of the Constitution the Parliament enacted
the Administrative Tribunals Act, 1985 to provide for the adjudication or trial
by Administrative Tribunals of disputes and complaints with respect to
recruitment and conditions of service of persons appointed to public services
and posts in connection with the affairs of the Union or of any State or of
any local or other authority within the territory of India or under the control
C of the Government of India or of any Corporation or society owned or
controlled by the Government. On coming into force of the Act and constitution
of the Central Administrative Tribunal all the jurisdiction, powers and authority
exercisable immediately before that day by all courts, which would include the
High Courts (except the Supreme Court) in relation to the matters specified
D in Section 14( I) of the Act came to be conferred on the Tribunal. Section I 7
gives the Tribunal power to punish for contempt which reads as under :

"17. Power to punish for contempt.-A Tribunal shall have, and
exercise, the same jurisdiction, powers and authority in respect of
contempt of itself as a High Court has and may exercise and, for this
E purpose, the provisions of the Contempt of Courts Act, I 971 (70 of
1971 ), shall have effect subject to the modifications that :

(a) the references therein to a High Court shall be construed as
including a reference to such Tribunal;

F (b) the references to the Advocate- General in Section 15 of the said
Act shall be construed.

(i) in relation to the Central Administrative Tribunal, as a
reference to the Attorney- General or the Sol;citor-General or ·
the Additional Solicitor- General; and
G
(ii) in relation to an Administrative Tribunal for a State or a Joint
Administrative Tribunal for two or more States, as a reference
to the Advocate-General of the State or any of the States for
which such Tribunal has been established."
H [emphasis supplied]
T. SUDHAKAR PRASAD v. GOVT. OF A.P. AND ORS. [LAHOTI, J.] 619

Section 22 provides that a Tribunal shall not be bound by the procedure A
laid down in the Code of Civil Procedure, 1908 but shall be guided by the
principles of natural justice and subject to· the other provisions of the Act and
of any rules made by the Central Government, the Tribunal shall have power
to regulate its own procedure including the fixing of places and times of its
enquiry and deciding whether to sit in public or in private. Sub-section (2) B
empowers the Tribunal to decide the application before it on a perusal of

-. documents and written representations and after hearing such oral arguments
as may be advanced. Sub-section (3) confers on the Tribunal specified powers
of a Civil Court under the Code of Civil Procedure in respect of specified
matters. Section 27 provides that the order of a Tribunal finally disposing of
an application or an appeal shall not be called in question in any court C
including a High Court. On a Tribunal being functional, Section 28 excludes
the jurisdiction of all courts, including High Court, but not the Supreme Court,
Industrial Tribunal, Labour Court or other Authority constituted under the
Industrial Disputes Act, I 94 7 or any other corresponding law from exercising
any jurisdiction, power or authority in relation to matters falling within the
jurisdiction of the Tribunal. D

Articles 129 and 215 of the Constitution of India declare Supreme Court
and every High Court to be a Court of Record having all the powers of such
a court including the power to punish for contempt of itself. These articles
do not confer any new jurisdiction or status on the Supreme Court and the E
High Courts. They merely recognise a pre-existing situation that the Supreme
Court and the High Courts are courts of record and by virtue of being courts
of record have inherent jurisdiction to punish for contempt of themselves.
Such inherent power to punish for contempt is summary. It is not governed
or limited by any rules of procedure excepting the principles of natural justice.
The jurisdiction contemplated by Articles 129 and 215 is inalienable. It cannot F
be taken away or whittled down by any legislative enactment subordinate to
the Constitution. The provisions of the Contempt of Courts Act, 1971 are in
addition to and not in derogation of Articles 129 and 215 of the Constitution.
The provisions of Contempt of Courts Act, 1971 cannot be used for limiting
or regulating the exercise of jurisdiction contemplated by the said two Articles. G
In Supreme Court Bar Association v. Union of India & Anr., [ 1998] 4
SCC 409, the plenary power and contempt jurisdiction of the Supreme Court
came up for the consideration of this Court and in that context Articles 129,
142, 144 and 215 of the Constitution were noticed. This Court held that courts
of record enjoy power to punish for contempt as a part of their inherent H
620 SUPREME COURT REPORTS (2000) SUPP. 5 S.C.R.

A jurisdiction; the existence and availability of such power being essential to
enable the courts to administer justice according to law in a regular, orderly
and effective manner and to uphold the majesty of law and prevent interference
in the due administration of justice (para 12). No act of Parliament can take
away that inherent jurisdiction of the Court of Record to punish for contempt
B and Parliament's power of legislation on the subject cannot be so exercised
as to stultify the status and dignity of the Supreme Court and/or the High
Courts though such a legislation may serve as a guide for their determination
of the nature of punishment which a Court of Record may impose in the case
of established contempt. Power to investigate and punish for contempt of
itself vesting in Supreme Court flows from Articles 129 and 142 (2) of the
C Constitution independent of Section 15 of the Contempt of Courts Act, 1971
(para 21). Section 12 of the Contempt of Courts Act, 1971 provides for the
punishment which shall ordinarily be imposed by the High Court in the case
of an established contempt. This section does not deal with the powers of
the Supreme Court to try or punish a contemnor in committing contempt of
the Supreme Court or the courts subordinate to it (paras 28, 29,37). Though
D the inherent power of the High Court under Article 215 has not been impinged
upon by the provisions of the Contempt of Courts Act, the Act does provide
for the nature and types of punishments which the High Court may award.
The High Court cannot create or assume power to inflict a new type of
punishment other than the one recognised and accepted by Section 12 of the
E Contempt of Courts Act, 1971.

In l. Chandra Kumar v. Union of India & Ors., (1997] 3 SCC 261 the
matter had come up before the seven-Judges Bench of this Court consequent
upon a reference made by a Division Bench of this Court which doubted the
correctness ofa five-Judges Constitution Bench oftnis Court in S.P. Sampath
F Kumar v. Union of India, [ 1987] I SCC I 24 and felt the need of the same being
comprehensively reconsidered. This Court framed three broad issues for its
consideration and proceeded to consider the constitutional validity of Articles
323A, 323B and several provisions of the Administrative Tribunals Act, 1985.
We need not extensively reproduce several conclusions arrived at by the
G Constitution Bench (excepting where necessary); it would suffice to briefly
summarise the conclusions of the Constitution Bench insofar as necessary for
our purpose. The Constitution Bench held that the jurisdiction conferred
upon the High Courts and the Supreme Court under Articles 226 and 32 of
the Constitution respectively is a part of the inviolable basic structure of our
Constitution. The power of judicial review over legislative action vesting in
H the High Courts under Article 226 and in the Supreme Court under Article 32
T. SIJDHAKAR PRASAD v. GOVT. OF A.P. AND ORS. [LAHOTI, J.) 621

of the Constitution are an integral and essential feature of such basic structure A
and therefore their power to test the constitutional validity of legislations can
never be ousted or excluded (paras 73, 78). The power vested in the High
Courts to exercise judicial superintendence over the decisions of all courts
and tribunals within their respective jurisdictions is also part of the basic
structure of the Constitution and a situation where the High Courts are B
divested of all other judicial functions apart from that of constitutional
interpretation is equally to be avoided (para 79). Though the subordinate
judiciary or tribunal created under ordinary legislations cannot exercise the
power of judicial review of legislative action to the exclusion of the High
Courts and the Supreme Court, there is no constitutional prohibition against
their performing a supplemental - as opposed to a substitutional - role in this C
respect. Clause (3) of Article 32 itself contemplates that Parliament may by law
empower any other court to exercise within the local limits of its jurisdiction
all or any of the powers exercisable by the Supreme Court under clause (2),
without prejudice to the powers conferred on the Supreme Court by clauses
(I) and (2).
D
The Constitution Bench further held that if the power of the Supreme
Court under Article 32 of the Constitution described time and again as the
'heart and soul' of the Constitution, can be additionally conferred upon any
other Court, there is no reason why the same situation would not subsist in
respect of the jurisdiction conferred upon the High Courts under Article 226 E
of the Constitution. So long as the jurisdiction of the High Courts under
Articles 226/227 and that of the Supreme Court under Article 32 is retained,
there is no reason why the power to test the validity of the legislations
against the provisions of the Constitution cannot be conferred upon
Administrative Tribunals or Tribunals under Articles 323A and 323B (para 89).
The basic structure theory of the Constitution prohibits the jurisdiction of the F
High Courts under Article 226 in respect of the power of judicial review being
wholly excluded but the same can certainly be additionally conferred on
courts and tribunals. The Constitution Bench specifically overruled the plea
that the Tribunals should not be allowed to adjudicate upon matters where
the vires of legislations is questioned because that would defeat the very G
purpose of constituting the tribunals. To allay the fears sought to be projected
before the Constitution Bench, this Court held that the decisions of the
Tribunal will be subject to the jurisdiction of the High Courts under Articles
226/227 of the Constitution before a Division bench of the High Court within
whose territorial jurisdiction the Tribunal concerned falls as this would serve
dual purpose : (i) the power of the High Courts under Articles 226/227 of the H
622 SUPREME COURT REPORTS [2000) SUPP. 5 S.C.R.

A Constitution to judicially review the legislative action would be saved, and
(ii) it will be ensured that frivolous claims were filtered through the process
of adjudication in the Tribunal, and additionally the High Court will have the
benefit of a reasoned decision on merits which will be of use to it in finally
deciding the matter (para 91 ). The Constitution Bench emphasised the necessity
B of ensuring that the High Courts are able to exercise judicial superintendence
over the decisions of the Tribunals under Article 227 of the Constitution and
held (vide para 91) :-

"Having regard to both the aforestated contentions, we hold that
all decisions of Tribunals, whether created pursuant to Article 323- A
or Article 323-B of the Constitution, will be subject to the High
c Court's writ jurisdiction under Articles 226/227 of the Constitution,
before a Division Bench of the High Court within whose territorial
jurisdiction the particular Tribunal falls."

The power of Supreme Court under Article 136 of the Constitution to
D hear appeals by special leave against the orders of the Tribunals on matters
specified in Section 14( 1) of the Act having been specifically saved by
Section 28 thereof, the Constitution Bench consistently with the view taken
by it laid down the methodology to be adopted. No appeal from the decision
of a Tribunal will directly lie before the Supreme Court under Article 136 of
the Constitution; instead, the aggrieved party will be entitled to m0ve the
E High Court under Articles 226/227 of the ConstitutiOn and from the Division
Bench decision of the High Court the aggrieved party can move the Supreme
Court under Article 136 of the Constitution. Thus, the Constitution Bench
succeeded in preserving intact the inalienable jurisdiction of the High Courts
under Articles 226/227 of the Constitution and also effectuating the appellate
F jurisdiction of the Supreme Court under Article 136 of the Constitution over
the decisions of the Tribunal subject to their being filtered through and in that
process being subject to test by the High Courts in their judicial review
jurisdiction.

The jurisdictional powers of the Tribunal were summarised by the
G Constitution Bench as under (vide para 93):-

1. The Tribunals are competent to hear matters where the vires of
statutory provisions are questioned. However, in discharging
this duty, they cannot act as substitutes for the High Courts and
the Supreme Court which have, under our constitutional set-up,
H been specifically entrusted with such an obligation. Their function
T. SUDHAKAR PRASAD v. GOVT. OF A.P. AND ORS. [LAHOTI, J.) 623

in this respect is only supplementary and all such decisions of A
the Tribunals will be subject to scrutiny before a Division Bench
of the respective High Courts. The Tribunals will consequently
also have the power to test the vires of subordinate legislations
and rules. However, this power of the Tribunals will be subject
to one important exception. The Tribunals shall not entertain any
question regarding the vires of their parent statutes following the B
settled principle that a Tribunal which is a creature of an Act
cannot declare that very Act to be unconstitutional. In such
cases alone, the High Court concerned may be approached directly.

2. All other decisions of these Tribunals, rendered in cases that C
they are specifically empowered to adjudicate upon by virtue of
their parent statutes, will also be subject to scrutiny before a
Division Bench of their respective High Courts. The Tribunals
will, however, continue to act as the only courts of first instance
in respect of the areas of law for which they have been constituted;
meaning thereby that it will not be open for litigants to directly D
approach the High Courts even in cases where they question the
vires of statutory legislations (except, as mentioned, where the
legislation which creates the particular Tribunal is challenged) by
overlooking the jurisdiction of the Tribunal concerned.

The Constitution Bench concluded as under :- E
"We hold that clause (2) (a)(d) of Article 323-A and clause
(3)(d) of Article 323-B, to the extent they exclude the
jurisdiction of the High Courts and the Supreme Court under
Articles 226/227 and 32 of the Constitution, are
unconstitutional. Section 28 of the Act and the "exclusion of F
jurisdiction" clauses in all other legislations enacted under
the aegis of Articles 323- A and 323-B would, to the same
extent, be unconstitutional. The jurisdiction conferred upon
the High Courts under Articles 226/227 and upon the Supreme
Court under Article 32 of the Constituiton is a part of the G
inviolable basic structure of our Constitution. While this
jurisdiction cannot be ousted, other courts and Tribunals
may perform a supplemental role in discharging the powers
conferred by Articles 226/227 and 32 of the Constitution.
The Tribunals created under Article 323-A and Article 323-
B of the Constitution are possessed of the competence to H
624 SUPREME COURT REPORTS (2000] SUPP. 5 S.C.R.

A test the constitutional validity of statutory provisions and
rules. All decisions of these Tribunals will, however, be
subject to scrutiny before a Division Bench of the High
Court within whose jurisdiction the Tribunal concerned falls.
The Tribunals will, nevertheless, continue to act like courts
of first instance in respect of the areas of law for which they
B have been constituted. It will not, therefore, be open for
litigants to directly approach the High Courts even in cases
where they question the vi res of statutory legislations (except
where the legislation which creates the particular Tribunal is
challenged) by overlooking the jurisdiction of the Tribunal
c concerned. Section 5(6) of the Act is valid and constitutional
and is to be interpreted in the manner we have indicated."

The Constitution Bench invoked the doctrine of prospective overruling
and made its directions to come into effect prospectively, i.e., from the date
of its judgment.
D
It is thus clear that the Constitution Bench has not declared the
provisions of Article 323-A (2)(b) or Article 323-B(3)(d) or Section 17 of the
Act ultra vires the Constitution. The High Court has, in its judgment under
appeal, noted with emphasis the Tribunal having been compared to like
E 'courts of first instance' and then proceeded to hold that the status of
Administrative Tribunals having been held to be equivalent to court or tribunals
subordinate to High Court the jurisdiction to hear their own contempt was
lost by the Administrative Tribunals and the only course available to them
was either to make a reference to High Court or to file a complaint under
Section 193, 219 and 228 of IPC as provided by Section 30 of the Act. The
F High Court has proceeded on the reasoning that the Tribunal having been
held to be subordinate to the High Court for the purpose of Articles 226/227
of the Constitution and its decisions having been subjected to judicial review
jurisdiction of the High Court under Articles 226/227 of the Constitution the
right to file an appeal to the Supreme Court against an order passe<l by the
G Tribunal punishing for contempt under Section 17 of the Act was defeated
and on these twin grounds Section 17 of the Act became unworkable and
unconstitutional. We do not find any basis for such conclusion or inference
being drawn from the judgments of this Court in the cases of Supreme Court
Bar Association (supra) or L. Chandra Kumar (supra) or any other decision
of this Court. The Constitution Bench has in so many words said that the
H jurisdiction conferred on the High Courts under Articles 226/227 could not be
T. SUDHAKAR PRASAD v. GOVT. OF A.P. AND ORS. [LAHOTI, J.] 625

taken away by conferring the same on any court or Tribunal and jurisdiction A
hitherto exercised by the High Court now legislatively conferred on Tribunals
to the exclusion of High Court on specified matters, did not amount to
assigning tribunals a status of substitute for the High Court but such
jurisdiction wa~ capable of being conferred additionally or supplementally
on any Court or Tribunal which is not a concept strange to the scheme of
the Constitution more so in view of Articles 323-A and 323-B. Clause (2)(b) B
of Article 323-A specifically empowers the Parliament to enact a law specifying
the jurisdiction and powers, including the power to punish for contempt,
being conferred on administrative tribunals constituted under Article 323-A.
Section 17 of the Act derives its legislative sanctity therefrom. The power of
the High Court to punish for contempt of itself under Article 215 of the C
Constitution remains intact but the jurisdiction power and authority to hear
and decide the matters covered by sub-section (I) of Section 14 of th-e Act
having been conferred on the administrative tribunals the jurisdicticn of the
High Court to that extent has been taken away and hence the same jurisdiction
which vested in the High Court to punish for contempt of itself in the matters
now falling within the jurisdiction of tribunals if those matters would have D
continued to be heard by the High court has now been conferred on the
administrative tribunals under Section 17 of the Act. The jurisdiction is the
same as vesting in the High Courts under Article 215 of the Constitution read
with the provisions of the Contempt of Courts Act, 1971. The need for
enacting Section 17 arose, firstly, to avoid doubts, and secondly, because the E
Tribunals are not "courts of record''. While holding the proceedings under
Section 17 of the Act the tribunal remains a tribunal and so would be amenable
to jurisdiction of High Court under Article 226/227 of the Constitution subject
to the well-established rules of self- restraint governing the discretion of the
High Court to interfere with the pending proceedings and upset the interim
or interlocutory orders of the tribunals. However any order or decision of F
tribunal punishing for contempt shall be appealable only to the Supreme
Court within 60 days from the date of the order appealed against in view of
the specific provision contained in Section 19 of the Contempt of Courts Act,
1971 read with Section 17 of the Administrative Tribunals Act, 1985. Section
17 of Administrative Tribunals Act is a piece of legislation by reference. The G
provisions of Contempt of Courts Act are not as if lifted and incorporated in
the text of Administrative Tribunals Act (as is in the case of legislation by
incorporation); they remain there where they are yet while reading the
provisions of Contempt of Courts Act in the context of Tribunals, the same
will be so read as to read the word 'Tribunal' in place of the word 'High Court'
wherever it occurs, subject to the modifications set out in Section 17 of the H
626 SUPREME COURT REPORTS [2000) SUPP. 5 S.C.R.

A Administrative Tribunals Act. Section 19 of the Contempt of Courts Act, 1971
provides for appeals. In its text also by virtue of Section 17 of the Administrative
Tribunals Act, 1985 the word 'High Court' shall be read as 'Tribunal'. Here,
by way of abundant caution, we make it clear that the concept of intra-tribunal
appeals i.e. appeal from an order or decision of a member of a Tribunal sitting
B singly to a bench of not less than two members of the Tribu11al is alien to
the Administrative Tribunals Act, 1985. The question of any order made
under the provisions of the Contempt of Courts Act, 1971 by a member of
the Tribunal sitting singly, if the rules of business framed by the Tribunal or
the appropriate government permit such hearing, being subjected to an appeal
before a Bench of two or more members of Tribunal therefore does not arise.
C Any order or decision of the Tribunal punishing for contempt is appealable
under Section 19 of the Act to the Supreme Court only. The Supreme Court
in the case of L. Chandra Kumar has nowhere said that orders of tribunal
holding the contemnor guilty and punishing for contempt shall also be subject
to judicial scrutiny of High Court under Article 226/227 of the Constitution
D in spite of remedy of statutory appeal provided by Section 19 of the Contempt
of Courts Act being available. The distinction between orders passed by
Adr.1inistrative Tribunal on matters covered by Section 14 (I) of Administrative
Tribunals Act and orders punishing for contempt under section 19 of the
Contempt of Courts Act read with Section 17 of Administrative Tribunals Act,
is this: as against the former there is no remedy of appeal statutorily provided,
E but as against the later statutory remedy of appeal is provided by Section 19
of Contempt of Courts Act itself.

Subordination of Tribunals and courts functioning within the territorial
jurisdiction of a High Court can be either judicial or administrative or both.
The power of superintendence exercised by the High Court under Article 227
F of the Constitution is judicial superintendence and not administrative
superintendence, such as one which vests in the High Court under. Article
235 of the Constitution over subordinate courts. Vide para 96 of L. Chandra
Kumar's case, the Constitution Bench did not agree with the suggestion that
the tribunals be made subject to the supervisory jurisdiction of the High
G Courts within whose territorial jurisdiction they fall, as our constitutional
scheme does not require that all adjudicatory bodies which fall within the
territorial jurisdiction of any High Court should be subject to its supervisory
jurisdiction. Obviously, the supervisory jurisdiction referred to by the
Constitution Bench in para 96 of the judgment is the supervision of the
administrative functioning of the tribunals as is spelt out by discussion made
H in paras 96 and 97 of the judgment.
T. SUDHAKAR PRASAD v. GOVT. OF A.P. AND ORS. (LAHOTI, J.] 627

Jurisdiction should not be confused with status and subordination. A
The Parliamenfwas motivated to create new adjudicatory fora to provide new,
cheap and fast-track adjudicatory systems and permitting them to function by
tearing of the conventional shackles of strict rule of pleadings, strict rule of
evidence, tardy trials, three/four-tier appeals, endless revisions and reviews
creating hurdles in fast flow of stream of justice. The administrative tribunals B
as established under Article 323-A and the Administrative Tribunaf Act 1985
are an alternative institutional mechanism or authority, designed to be not less
effective than the High Court, consistently with the amended constitutional
scheme but at the same time not to negate judicial review jurisdiction of
constitutional courts. Transfer of jurisdiction in specified matters from the
High Court to the administrative tribunal equates the tribunal with the High C
Court in so far as the exercise of judicial authority over the specified matters
is concerned. That, however, does not assign the administrative tribunals a
status equivalent to that of the High Court nor does that mean that for the
purpose of judicial review or judicial superintendence they cannot be
subordinate to High Court. It has to be remembered that what has been
conferred on the administrative tribunal is not only jurisdiction of the High D
Court but also of the subordinate courts as to specified matters. High Courts
are creatures of Constitution and their judges hold constitutional office having
been appointed under the Constitution. The Tribunals are creatures of statute
and their members are statutorily appointed and hold statutory office. In State
ofOrissa v. BhagabanSarangi, (1995] l sec 399, it was held that administrative E
tribunal is nonetheless a tribunal and so it is bound by the decision of the
High Court of the State and cannot side-track or bypass it. Certain observations
made in the case of T.N. Seshan, Chief Election Commr. of India v. Union of
India, [ 1995] 4 SCC 611, may usefully be referred to. It was held that merely
because some of the service conditions of the Chief Election Commissioner
are akin to those of the Supreme Court judges, that does not confer the status F
of a Supreme Court judge on the C.E.C .. This court observed-"Of late it is
found that even personnel belonging to other fora claim equation as High
Court or Supreme Court Judges merely because certain jurisdictions earlier
exercised by those Courts are transferred to them not realising the distinction
between constitutional and statutory functionaries". We are therefore clearly G
of the opinion that there is no anathema in the tribunal exercising jurisdiction
of High Court and in that sense being supplemental or additional to the High
Court but at the same time not enjoying status equivalent to High Court and
also being subject to judicial review and judicial superintendence of the High
Court.
H
628 SUPREME COURT REPORTS (2000) SUPP. 5 S.C.R.

A Incidentally we may refer to a 3-judges bench decision of this Court in
Krishnan & Anr. v. Krishnaveni and Anr., [ 1997] 4 SCC 241. Section 397 of
Code of Criminal Procedure 1973 confers concurrent revisional jurisdiction on
High Court and Sessions Judge. The two fora are alternative to each other.
Once an order of subordinate Court is subjected to revision before Sessions
B Judge, a 'second revision' before High Court does not lie. Still, this Court
held, the exercise of inherent power and power of superintendence vesting
in High Court under Sections 482 and 483 read with 40 I of the Code was not
excluded. 'The power of the High Court of continuous supervisory jurisdiction
is of paramount importance to examine the correctness, legality or propriety
of any finding, sentence or order, recorded or passed as also regularity of
C proceedings of all inferior criminal courts.' Such jurisdiction shall however be
exercised in cases of grave miscarriage of justice, abuse of the process of the
courts, the required statutory procedure not complied with, failure of justice
or order passed or sentence imposed by the Magistrate requiring correction
lest grave miscarriage of justice should ensue.

D Section 30 of the Act was also referred to by the High Court to support
its conclusions. Section 30 is merely declaratory of the proceedings before a
tribunal being judicial proceedings within the meaning of Sections 193, 219
and 228 of the Penal Code. By no stretch of reasoning, Section 30 could have
been held as impinging upon the power conferred on the tribunal by Section
E 17 of the Act and to hold further that in case of contempt of its lawful
authority the only remedy available to tribunal was to have recourse to
Section 30 to the exclusion of power to punish for contempt conferred by
Section 17.

Contempt jurisdiction is exercised for the purpose of upholding the
F majesty of law and dignity of judicial system as also of the courts and
tribunals entrusted with the task of administering delivery of justice. Power
of contempt has often been invoked, as a step in that direction, for enforcing
compliance of orders of courts and punishing for lapses in the matter of
compliance. The majesty of judicial institution is to be ensured so that it may
G not be lowered and the functional utility of the constitutional edifice is
preserved from being rendered ineffective. The proceedings for contempt of
court cannot be used merely for executing the decree of the court. However,
with a view to preserving the flow of the stream of justice in its unsullied form
and in unstinted purity wiffu I defiance with the mandate of the court is treated
to be contemptuous. Availability of jurisdiction to punish for contempt provides
H efficacy to functioning of the judicial forum and enables the enforcement of
T. SlJDHAKAR PRASAD v. GOVT. OF A.P. AND ORS. [LAHOTI, J.) 629

the orders on account of its deterrent affect on avoidance. Viewed from this A
angle the validity of Section 17 of the Act is protected not only by sub-clause
(b) of Clause (2) of Article 323-A but also by sub-clause (g) thereof.

For the foregoing reasons the appeals are allowed. The judgment of the
High Court is set aside. CWP No. 34841 of 1998 filed in the High Court of
Andhra Pradesh laying challenge to the jurisdiction of the Tribunal to deal B
with its own contempt is directed to be dismissed. The Tribunal shall now
proceed ahead with the proceedings pending before it as per law. Contempt
Case No. I054/1998 filed before the High Court invoking its contempt jurisdiction
is directed to be transferred to the Tribunal for being dealt with under Section
17 of the Administrative Tribunals Act, 1985. Complete record of the C
proceedings shall be transmitted by the High Court to the Tribunal. The
appeals stand disposed of accordingly. No order as to the costs.

K.K.T. Appeals disposed of.