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

Feature	Article 323A	Article 323B
Scope	Public service matters only	Certain other matters (tax, labour, etc.)
Establishment	Only by Parliament	By Parliament and state legislatures
Tribunal Structure	One tribunal for Centre/State	Hierarchy 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.