Section 2 of Administrative Tribunals Act, 1985 - Act Not to Apply to Certain Persons

Section 2 of the Administrative Tribunals Act, 1985 identifies the categories of persons who are outside the application of the Act. In practical terms, it defines important exclusions from the statutory framework governing administrative tribunals, including the Central Administrative Tribunal.

In simple terms: even where a dispute concerns public employment or service conditions, the Administrative Tribunals Act does not apply to the persons specifically excluded by Section 2.

Text and meaning of Section 2

Section 2 - Act not to apply to certain persons.

The provisions of this Act shall not apply to:

(a) any member of the naval, military or air forces or of any other armed forces of the Union;

(b) omitted by the Administrative Tribunals (Amendment) Act, 1986, with effect from 1 November 1985;

(c) any officer or servant of the Supreme Court or of any High Court or courts subordinate thereto;

(d) any person appointed to the secretarial staff of either House of Parliament, the secretarial staff of any State Legislature or a House thereof, or, in the case of a Union territory having a Legislature, the secretarial staff of that Legislature.

The current statutory text is available from India Code - Administrative Tribunals Act, 1985. The Central Administrative Tribunal also publishes the Act through its official portal at Central Administrative Tribunal - Administrative Tribunals Act.

Who is excluded under Section 2?

Clause	Persons excluded	Practical effect
(a)	Members of the naval, military, air forces and other armed forces of the Union	The Administrative Tribunals Act does not govern their service disputes merely by reason of their public employment.
(b)	Omitted	The former clause no longer forms part of the operative text.
(c)	Officers and servants of the Supreme Court, High Courts and subordinate courts	These court employees are excluded from the Act by the express language of Section 2.
(d)	Secretarial staff of Parliament, State Legislatures and Union territory Legislatures	Legislative secretariat staff covered by this clause are outside the Act.

Important amendments affecting Section 2

Clause (b) was omitted by Section 3 of the Administrative Tribunals (Amendment) Act, 1986, with retrospective effect from 1 November 1985.
The words "or courts subordinate thereto" were inserted in clause (c) by the Administrative Tribunals (Amendment) Act, 1987, with effect from 22 December 1987.

Why Section 2 matters

The Administrative Tribunals Act, 1985 was enacted to provide a specialised adjudicatory framework for disputes and complaints concerning recruitment and service conditions in specified public services and posts. Section 2 operates at the threshold: before considering whether a tribunal has jurisdiction over a particular service dispute, it is necessary to determine whether the person concerned is excluded from the Act itself.

Accordingly, a person falling within any of the categories expressly listed in Section 2 cannot rely on the Act merely because the dispute relates to recruitment, employment, promotion, disciplinary action, seniority, pay, pension or another service matter. The appropriate legal forum will depend on the person's status, the governing service law and the nature of the dispute.

Section 2 and CAT jurisdiction

Section 2 should be read with the jurisdiction provisions of the Act, particularly Section 14 - Jurisdiction, powers and authority of the Central Administrative Tribunal. Section 14 describes the service matters over which the Central Administrative Tribunal may exercise jurisdiction, while Section 2 removes specified categories of persons from the operation of the Act itself.

Related provisions

Official references

Legal text and explanatory content reviewed for current statutory wording as on 14 September 2026.