Section 33 of Administrative Tribunals Act, 1985 - Act to Have Overriding Effect

Section 33 of the Administrative Tribunals Act, 1985 gives the Act overriding effect where another law or a legally effective instrument contains a provision inconsistent with the Act. In practical terms, this is a statutory conflict rule: to the extent of an inconsistency, the Administrative Tribunals Act, 1985 is intended to prevail.

Updated: 14 September 2026

Text of Section 33: Act to Have Overriding Effect

Section 33 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

The official text of the Administrative Tribunals Act, 1985 is available on India Code and through the Central Administrative Tribunal.

What Section 33 Means

The words "notwithstanding anything inconsistent therewith" form a non-obstante clause. Such a clause is used by Parliament to indicate which enactment is to prevail when two statutory provisions cannot operate together. Section 33 therefore gives priority to the Administrative Tribunals Act, 1985 over an inconsistent provision in another law or in an instrument that derives legal force from another law.

It applies only where there is inconsistency: if both provisions can operate harmoniously, Section 33 does not require the other provision to be ignored.
It covers other laws: the clause refers to any other law for the time being in force.
It also covers legal instruments: rules, orders or other instruments having legal effect under another law may be displaced to the extent that they are inconsistent with the Act.
The overriding effect is limited to the conflict: Section 33 does not automatically repeal every other law touching service matters.

Purpose of the Overriding Clause

The Administrative Tribunals Act, 1985 was enacted under Article 323A of the Constitution to provide a specialised mechanism for adjudication of specified service disputes and complaints. Section 33 supports that statutory scheme by preventing inconsistent provisions in ordinary legislation or subordinate instruments from defeating the operation of the Act.

Constitutional Limit: Judicial Review by High Courts

Important: Section 33 is an overriding clause in an ordinary Parliamentary statute. It does not override the Constitution.

In L. Chandra Kumar v. Union of India, (1997) 3 SCC 261, the Supreme Court held that judicial review by the High Courts under Articles 226 and 227, and by the Supreme Court under Article 32, forms part of the Constitution's basic structure. Decisions of administrative tribunals remain subject to scrutiny by the jurisdictional High Court under Articles 226 and 227.

The Central Administrative Tribunal itself explains the present position by noting that, after L. Chandra Kumar, CAT orders are challenged before the appropriate High Court under Articles 226 and 227 rather than by treating the Tribunal as a complete substitute for the constitutional courts.

How Section 33 May Operate in Practice

Where a service dispute falling within the statutory scheme of the Administrative Tribunals Act is governed by another provision, rule or instrument that cannot be reconciled with an applicable provision of the Act, Section 33 directs that the Act should prevail to the extent of that inconsistency. The first task is therefore to identify a genuine conflict; if the provisions can be read together, courts ordinarily attempt a harmonious construction.

Key Takeaways

Section 33 gives the Administrative Tribunals Act, 1985 overriding effect over inconsistent provisions in other laws and legally effective instruments.
The clause operates only to the extent of inconsistency and is not a general repeal clause.
The section is a statutory non-obstante provision and cannot override constitutional guarantees or the basic structure of the Constitution.
CAT decisions remain subject to judicial review by the appropriate High Court under Articles 226 and 227.

Official References

For the current statutory text and Tribunal information, consult India Code - Administrative Tribunals Act, 1985 (PDF), the Central Administrative Tribunal official portal, and the CAT introduction and jurisdiction overview.

This article is intended for general legal information. Application of Section 33 depends on the provisions and facts involved in a particular dispute.