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Tribunals ​

Introduction ​

  • The original Constitution did not contain provisions for tribunals.
  • Part XIV-A was added by the 42nd Amendment Act of 1976.
  • This part is titled "Tribunals" and consists of two Articles:
    • Article 323A: Deals with administrative tribunals.
    • Article 323B: Deals with tribunals for other matters.

Administrative Tribunals ​

  • Article 323A: Empowers Parliament to establish administrative tribunals for disputes related to:
    • Recruitment
    • Conditions of service
    • Appointees to public services of Centre, states, local bodies, public corporations, and other public authorities.
  • Parliament passed the Administrative Tribunals Act in 1985.
  • The act authorizes the Central government to establish:
    • Central Administrative Tribunal (CAT)
    • State Administrative Tribunals

Central Administrative Tribunal (CAT) ​

  • Set up in 1985 with the principal bench in New Delhi.
  • Currently has 19 regular benches, 17 operating at high court principal seats.
  • Exercises original jurisdiction over service matters of public servants.
  • Jurisdiction covers:
    • All-India Services
    • Central Civil Services
    • Civil posts under the Centre
    • Civilian employees of defence services
  • Excludes:
    • Defence forces members
    • Supreme Court officers and servants
    • Parliament secretarial staff.
  • Composition:
    • Multi-member body with a Chairman and Members.
    • The post of Vice-Chairman was removed in 2006.
    • Sanctioned strength: 1 Chairman, 69 Members.
    • Members drawn from judicial and administrative streams.
    • Eligibility: Minimum age of 50 years.
    • Term: 4 years or until 70 years for Chairman, 67 years for Members (whichever is earlier).
  • Appointments are made by the central government based on recommendations of a search-cum-selection committee chaired by the Chief Justice of India or a Judge of Supreme Court.
  • The CAT is guided by the principles of natural justice, not bound by the Civil Procedure Code of 1908.
  • Nominal fee of ₹50 for applicants.
  • Applicants may appear in person or through a lawyer.
  • Appeals against CAT orders initially only went to the Supreme Court.
  • Chandra Kumar case (1997): Supreme Court declared the restriction on high court jurisdiction as unconstitutional.
  • Appeals against CAT orders now lie before the division bench of the concerned high court.

State Administrative Tribunals (SATs) ​

  • The Administrative Tribunals Act of 1985 empowers the Central government to establish SATs at the specific request of the concerned state governments.
  • Exercise original jurisdiction over service matters of state government employees.
  • Chairman and members are appointed by the Central government based on recommendations of a search-cum-selection committee chaired by the Chief Justice of the concerned state High Court.
  • Provision for joint administrative tribunal (JAT) for two or more states, exercising jurisdiction for those states.

Tribunals for Other Matters ​

  • Article 323B: Authorizes Parliament and state legislatures to establish tribunals for disputes relating to:
    • Taxation
    • Foreign exchange, import and export
    • Industrial and labour
    • Land reforms
    • Ceiling on urban property
    • Elections to Parliament and state legislatures
    • Food stuffs
    • Rent and tenancy rights

Differences Between Articles 323A and 323B ​

FeatureArticle 323AArticle 323B
ScopePublic service matters onlyCertain other matters (tax, labour, etc.)
EstablishmentOnly by ParliamentBy Parliament and state legislatures
Tribunal StructureOne tribunal for Centre/StateHierarchy of tribunals may be created
  • Chandra Kumar case (1997): Supreme Court declared provisions excluding high court and Supreme Court jurisdiction as unconstitutional for both Articles 323A and 323B. Judicial remedies are now available against the orders of these tribunals.