Tribunals (Part XIVA, Articles 323A–323B)

At a Glance

• What it is Quasi-judicial bodies for specialised disputes
• Added by 42nd Amendment Act, 1976 (Part XIV-A)
• Articles 323A and 323B
• Landmark case L. Chandra Kumar (1997)
• Exam link UPSC Prelims, Polity: Governance

Where Does It Fit?

This is the last topic of the category on Governance. The original Constitution had no provisions on tribunals. The 42nd Amendment Act of 1976 added Part XIV-A, titled Tribunals, with two Articles: Article 323A on administrative tribunals and Article 323B on tribunals for other matters.

Administrative Tribunals: Article 323A

Article 323A empowers Parliament to provide for administrative tribunals to adjudicate disputes relating to recruitment and conditions of service of persons appointed to public services of the Centre, states, local bodies, public corporations and other public authorities. It enables Parliament to take service matters out of the civil courts and the high courts and place them before administrative tribunals. Parliament passed the Administrative Tribunals Act, 1985, which authorises the Central Government to establish one Central Administrative Tribunal and State Administrative Tribunals, and which opened a new chapter in providing speedy and inexpensive justice to aggrieved public servants.

Central Administrative Tribunal

The CAT was set up in 1985 with the principal bench at New Delhi and additional benches in different states. At present it has 19 regular benches, 17 at the principal seats of high courts and two at Jaipur and Lucknow, and the benches also hold circuit sittings at other high court seats. It has original jurisdiction over recruitment and service matters of public servants covered by it: the All-India Services, the Central civil services, civil posts under the Centre and civilian employees of defence services. Members of the defence forces, officers and servants of the Supreme Court and the secretarial staff of Parliament are not covered.

The CAT has a Chairman and Members, drawn from judicial and administrative streams. The post of Vice-Chairman was removed by the Administrative Tribunals (Amendment) Act, 2006. The sanctioned strength is one Chairman and 69 Members. A person who has not completed 50 years of age is not eligible. They hold office for four years or until age 70 (Chairman) or 67 (Members), whichever is earlier, under the Tribunals Reforms Act, 2021. The Central Government appoints them on the recommendation of a search-cum-selection committee chaired by the Chief Justice of India or a Supreme Court judge nominated by him. The CAT is not bound by the Civil Procedure Code of 1908 but is guided by principles of natural justice, so it is flexible. The applicant pays a nominal fee of Rs 50 and may appear in person or through a lawyer.

State and Joint Tribunals

The 1985 Act empowers the Central Government to establish State Administrative Tribunals on the specific request of state governments. They have original jurisdiction over recruitment and service matters of state government employees, and their chairman and members are appointed by the Central Government on the recommendation of a search-cum-selection committee headed by the Chief Justice of the concerned High Court. The Act also provides for a Joint Administrative Tribunal for two or more states.

Tribunals for Other Matters: Article 323B

Under Article 323B, Parliament and state legislatures can provide for tribunals to adjudicate disputes on taxation; foreign exchange, import and export; industrial and labour matters; land reforms; ceiling on urban property; elections to Parliament and state legislatures; food stuffs; and rent and tenancy rights (the last added by the 75th Amendment Act of 1993).

Chandra Kumar Case (1997)

Originally, appeals against CAT orders lay only to the Supreme Court. In L. Chandra Kumar v. Union of India (1997), the Supreme Court declared as unconstitutional the provisions of Articles 323A and 323B that excluded the jurisdiction of the high courts and the Supreme Court, including clause 2(d) of Article 323A, holding that judicial review is part of the basic structure of the Constitution. Appeals against tribunal orders now lie to the division bench of the concerned high court, and an aggrieved public servant cannot approach the Supreme Court directly against a CAT order without first going to the high court. The Court also held that the tribunals are subject to the writ jurisdiction of the high courts. Judicial remedies are therefore available against orders of these tribunals.

Why Is This Topic Important?

• Constitutional Part Part XIV-A is asked
• Chandra Kumar Judicial review as basic structure
• Comparison 323A versus 323B

What Came Next?

The next category covers the Schedules of the Constitution, beginning with the First Schedule.

Key People and Terms

• Tribunal Quasi-judicial specialised body
• Part XIV-A Tribunals
• CAT Central Administrative Tribunal
• Search-cum-selection committee Appointment body
• Basic structure Judicial review included

Exam Corner

Mains Angle

Questions on this topic usually ask about tribunalisation and judicial review. Use these points to add depth.

• Speedy justice Service disputes
• Judicial review Chandra Kumar
• Appointments Search-cum-selection committees
• Hierarchy 323B allows