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Part XIVA of the Constitution of India (Articles 323A–323B), inserted by the 42nd Amendment (1976), enables the creation of tribunals. Article 323A provides for administrative tribunals for service matters; Article 323B enables tribunals for specified subject-matters (e.g., taxation, labour, land reforms), subject to constitutional judicial review.
Articles 323A to 323B
Frequently Asked Questions
How do Articles 323A and 323B differ?
Article 323A permits only Parliament to establish administrative tribunals for service matters; Article 323B permits both Parliament and State Legislatures to establish tribunals for enumerated subjects and allows for a hierarchy of such tribunals.
Can tribunal laws exclude the jurisdiction of regular courts?
While enabling laws may attempt to limit court jurisdiction, constitutional judicial review by High Courts under Articles 226/227 and by the Supreme Court under Article 32 remains preserved, as clarified by authoritative case law.
What kinds of matters can tribunals under Article 323B handle?
Tribunals under Article 323B may address subjects including taxation, foreign exchange, industrial and labour disputes, land reforms, ceiling on urban property, elections, foodstuffs, and rent and tenancy rights, as specified by law.
What service matters fall under Article 323A tribunals?
Article 323A covers disputes and complaints about recruitment and conditions of service of persons appointed to public services and posts under the Union, States, local or other authorities, or government-controlled corporations.
Do tribunals replace High Courts?
No, tribunals function as courts of first instance within their domains, but their decisions are subject to oversight through constitutional judicial review by High Courts and, thereafter, potential appeal to the Supreme Court.
Can there be separate tribunals for different States under Article 323A?
Yes, a law under Article 323A may establish one tribunal for the Union and separate tribunals for each State, or joint tribunals for two or more States, and prescribe their jurisdiction and procedure.
What procedural powers can tribunal laws confer?
Laws may confer powers including prescribing procedure, limitation, rules of evidence, transfer of pending cases, and, where provided, the power to punish for contempt for effective adjudication.