Tribunals in the Indian Constitution were added by the 42nd Constitutional Amendment Act, 1976. Part XIV-A covers Article 323A on administrative tribunals and Article 323B on tribunals for other matters. Important UPSC Polity Notes.

The 42nd Amendment Act of 1976 introduced Part XIV-A in the Constitution, specifically addressing Tribunals in India. This part consists of Article 323 A (administrative tribunals) and Article 323 B (other tribunals), providing a framework for expedited and specialized justice for public servants and other matters, making it highly significant for students of law and governance.

Tribunals in India under the 42nd Constitutional Amendment

• Administrative Tribunals (Article 323 A)

  • Article 323 A empowers Parliament to establish tribunals for adjudicating disputes related to recruitment and service conditions of public servants in the Centre, states, local bodies, public corporations, and other public authorities.
  • This provision removes service-related disputes from civil courts and high courts, placing them before administrative tribunals.

  • Administrative Tribunals Act, 1985

    • (i) Authorized the Central Government to set up the Central Administrative Tribunal (CAT) and State Administrative Tribunals (SATs).
    • (ii) Opened a new era for speedy and cost-effective justice for public servants.

  • Central Administrative Tribunal (CAT)

    • (i) Established in 1985 with principal bench at Delhi and additional benches in different states.
    • (ii) Currently has 17 regular benches; 15 at principal seats of high courts, 2 at Jaipur and Lucknow, with circuit sittings at other high court seats.
    • (iii) CAT exercises original jurisdiction over recruitment and service matters for all-India services, Central civil services, civil posts under the Centre, and civilian defence employees, except members of defence forces, Supreme Court officers, and parliamentary staff.
    • (iv) CAT consists of a Chairman and members, appointed by the President, drawn from judicial and administrative streams. Term: 5 years or until age 65 (Chairman) / 62 (Members).
    • (v) Appointment is based on recommendations from a high-powered committee chaired by a Supreme Court judge, approved by the Appointments Committee of the Cabinet (ACC).
    • (vi) CAT follows natural justice principles and is not bound by the Civil Procedure Code, with a nominal fee of 50 for applicants who may appear personally or through a lawyer.
    • (vii) Appeals against CAT orders originally lay only to the Supreme Court, but Chandra Kumar case (1997) extended jurisdiction to division benches of High Courts, making judicial review a part of the basic structure of the Constitution.

  • State Administrative Tribunals (SATs)

    • (i) Established under the Administrative Tribunals Act 1985 on the request of state governments.
    • (ii) Initially set up in nine states: Andhra Pradesh, Himachal Pradesh, Odisha, Karnataka, Madhya Pradesh, Maharashtra, Tamil Nadu, West Bengal, Kerala. Some were abolished and later re-established (Kerala 2010, Himachal Pradesh and Tamil Nadu re-requested).
    • (iii) SATs exercise original jurisdiction over recruitment and service matters of state government employees.
    • (iv) Chairman and members appointed by the President after consultation with the state Governor.

  • Joint Administrative Tribunals (JAT)

    • (i) Can be established for two or more states.
    • (ii) Exercises all jurisdiction and powers of administrative tribunals for the participating states.
    • (iii) Chairman and members are appointed by the President after consultation with the Governors of concerned states.

Article 323 B of the Indian Constitution empowers the Parliament and State Legislatures to establish specialized tribunals for certain disputes beyond public service matters. Alongside Article 323 A, it forms the constitutional foundation for India’s tribunal system. These provisions are crucial for UPSC preparation and law studies, especially after the Chandra Kumar case (1997) restored judicial review powers of High Courts and the Supreme Court.

Article 323B Tribunals for Other Matters in the Constitution

• Matters Covered Under Article 323B Tribunals

  • (a) Taxation
  • (b) Foreign exchange, import, and export regulations
  • (c) Industrial and labour disputes
  • (d) Land reforms
  • (e) Ceiling on urban property
  • (f) Elections to Parliament and state legislatures
  • (g) Food stuffs and essential commodities
  • (h) Rent and tenancy rights

• Key Differences Between Article 323A and Article 323B

  • Scope of Matters
    • (i) Article 323A: Limited to public service matters only.
    • (ii) Article 323B: Deals with multiple domains including taxation, land, labour, and elections.
  • Authority to Establish Tribunals
    • (i) Article 323A: Only Parliament can establish tribunals.
    • (ii) Article 323B: Both Parliament and State Legislatures can establish tribunals within their legislative competence.
  • Structure and Hierarchy
    • (i) Article 323A: Provides for only one tribunal for the Centre and one for each state (or for two/more states together), without hierarchy.
    • (ii) Article 323B: Allows creation of a hierarchy of tribunals.

• Chandra Kumar Case (1997) and Judicial Review

  • The Supreme Court struck down provisions of Articles 323A & 323B that excluded the jurisdiction of High Courts and Supreme Court.
  • Judicial review was reaffirmed as part of the basic structure of the Constitution.
  • Now, orders of tribunals can be challenged before High Courts (division benches) before approaching the Supreme Court.

• Articles Related to Tribunals at a Glance

  • Article 323A: Administrative Tribunals
  • Article 323B: Tribunals for Other Matters