The Constitution of India
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254 THE CONSTITUTION OF INDIA
(Part XXI. - Temporary, Transitional and Special Provisions)
(c) provide for the transfer to the Administrative Tribunal of such classes of
proceedings, being proceedings relating to matters within its jurisdiction and pending
before any court (other than the Supreme Court) or tribunal or other authority
immediately before the commencement of such order, as may be specified in the order;
(d) contain such supplemental, incidental and consequential provisions (including
provisions as to fees and as to limitation, evidence or for the application of any law for
the time being in force subject to any exceptions or modifications) as the President may
deem necessary.
(5) The Order of the Administrative Tribunal finally disposing of any case shall
become effective upon its confirmation by the State Government or on the expiry of three
months from the date on which the order is made, whichever is earlier:
Provided that the State Government may, by special order made in writing and for
reasons to be specified therein, modify or annul any order of the Administrative Tribunal
before it becomes effective and in such a case, the order of the Administrative Tribunal shall
have effect only in such modified form or be of no effect, as the case may be.
(6) Every special order made by the State Government under the proviso to clause (5)
shall be laid, as soon as may be after it is made, before both Houses of the State Legislature.
(7) The High Court for the State shall not have any powers of superintendence over the
Administrative Tribunal and no court (other than the Supreme Court) or tribunal shall
exercise any jurisdiction, power or authority in respect of any matter subject to the
jurisdiction, power or authority of, or in relation to, the Administrative Tribunal.
(8) If the President is satisfied that the continued existence of the Administrative
Tribunal is not necessary, the President may by order abolish the Administrative Tribunal
and make such provisions in such order as he may deem fit for the transfer and disposal of
cases pending before the Tribunal immediately before such abolition.
In P.Sambamurthy and Others Vs. State of Andhra Pradesh and Others, AIR 1987 SC 663, the Supreme Court
declared clause (5) of article 371D along with the proviso to be unconstitutional and void.
255 THE CONSTITUTION OF INDIA
(Part XXI. - Temporary, Transitional and Special Provisions)
(9) Notwithstanding any judgment, decree or order of any court, tribunal or other
authority,—
(a) no appointment, posting, promotion or transfer of any person—
(i) made before the 1st day of November, 1956, to any post under the
Government of, or any local authority within, the State of Hyderabad as it existed
before that date; or
(ii) made before the commencement of the Constitution (Thirty-second
Amendment) Act, 1973, to any post under the Government of, or any local or
other authority within, the State of Andhra Pradesh; and
(b) no action taken or thing done by or before any person referred to in sub-clause
(a),
shall be deemed to be illegal or void or ever to have become illegal or void merely on
the ground that the appointment, posting, promotion or transfer of such person was not
made in accordance with any law, then in force, providing for any requirement as to
residence within the State of Hyderabad or, as the case may be, within any part of the
State of Andhra Pradesh, in respect of such appointment, posting, promotion or
transfer.
(10) The provisions of this article and of any order made by the President thereunder
shall have effect notwithstanding anything in any other provision of this Constitution or in
any other law for the time being in force.
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The Constitution of India · legislative.gov.in · Retrieved 17 August 2026.
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