Tribunals in India – Articles 323A & 323B
The original Constitution of India did not contain any provisions related to tribunals. It was the 42nd Constitutional Amendment Act of 1976 that introduced a new Part XIV-A, titled ‘Tribunals’, to address the need for alternative dispute resolution mechanisms outside the traditional court system.
Part XIV-A includes two Articles:
- Article 323A – Pertains to Administrative Tribunals
- Article 323B – Deals with Tribunals for other specific matters
Administrative Tribunals under Article 323A
Article 323A grants the Parliament the power to set up Administrative Tribunals for resolving disputes and grievances related to recruitment and service conditions of individuals appointed to:
- Central and State public services
- Local government bodies
- Public sector undertakings
- Other public institutions
This provision effectively removes such service-related matters from the purview of civil courts and High Courts, thereby creating a dedicated forum for quick and specialised adjudication.
To operationalise this, the Parliament enacted the Administrative Tribunals Act, 1985, which empowered the Central Government to establish:
- A Central Administrative Tribunal (CAT) for employees of the Union Government
- State Administrative Tribunals (SATs) for employees of respective state governments
Central Administrative Tribunal (CAT)
- The Central Administrative Tribunal (CAT) was established in 1985 under the Administrative Tribunals Act. Its Principal Bench is located in New Delhi, with 19 regular benches across India. Most of these benches are situated at the seats of various High Courts, with a few additional ones like at Jaipur and Lucknow. These benches also conduct circuit sittings in different cities to ensure wider access to justice.
- CAT deals with original jurisdiction over disputes and complaints relating to recruitment and service conditions of individuals under:
- All India Services
- Central Civil Services
- Civil posts under the Centre
- Civilian staff in Defence Services
- The Government of India has notified 215 organizations including Ministries and Departments of Central Government, under section 14 (2) of the Administrative Tribunals Act, 1985 to bring them within the jurisdiction of the Central Administrative Tribunal, from time to time. In addition the Central Administrative Tribunal, Principal Bench is dealing with the matters of Govt. of National Capital Territory of Delhi.
- However, it does not cover:
- Members of the Armed Forces
- Officers and staff of the Supreme Court
- Secretarial staff of Parliament
- Structure and Composition
- CAT is a multi-member body comprising a Chairperson and Members, drawn from both judicial and administrative backgrounds.
- Originally, the Tribunal also had Vice-Chairpersons, but the 2006 Amendment removed this post.
- A person must be at least 50 years old to be eligible for appointment as Chairperson or Member.
- The Chairperson holds office for 4 years or until the age of 70, and Members hold office till 67 years of age, whichever is earlier.
- Appointments are made by the Central Government based on the recommendations of a search-cum-selection committee headed by the Chief Justice of India or a Supreme Court judge nominated by the CJI.
- Sanctioned Strength: Current sanctioned strength of the Chairman is one and sanctioned strength of the Members is 69.
- Subject to other provisions of the Administrative Tribunals Act, 1985, a Bench consists of one Judicial Member and one Administrative Member.
- Functioning and Appeal Mechanism
- CAT exercises jurisdiction only in relation to the service matters of the parties covered by the Act.
- CAT is not bound by the Civil Procedure Code (1908) and follows principles of natural justice, allowing it greater procedural flexibility.
- A minimal fee (₹50) is charged, and applicants can appear either in person or through legal representation.
- A provision has also been made in the Rules that where the Tribunal is satisfied that an applicant is unable to pay the prescribed fee on ground of indigence, it may exempt such an applicant from the payment of fee.
- The Central Administrative Tribunal is empowered to frame its own rules of procedure and practice. Under the said provision of the Act, the Central Administrative Tribunal (Procedure) Rules, 1987 and Central Administrative Tribunal Rules of Practice, 1993 have been notified to ensure smooth functioning if the Tribunal.
- Under Section 17 of the Administrative Tribunal Act, 1985, the Tribunal has been conferred with the power to exercise the same jurisdiction and authority in respect of contempt of itself as a High Court.
- Originally, appeals against CAT’s decisions could be made only to the Supreme Court. However, in the landmark Chandra Kumar case (1997), the Supreme Court ruled that High Courts must also have appellate jurisdiction, reaffirming judicial review as part of the Constitution’s basic structure.
- Now, any person aggrieved by a CAT ruling must first approach the concerned High Court, and cannot directly appeal to the Supreme Court.
State Administrative Tribunals (SATs)
The Administrative Tribunals Act, 1985 also allows for the creation of State Administrative Tribunals (SATs) by the central government upon request by a state government.
- It exercises original jurisdiction in relation to recruitment and all service matters of state government employees.
- The Chairperson and Members of SATs are appointed by the Central Government on the recommendations of a search-cum-selection committee shared by the Chief Justice of the High Court of the concerned state
Additionally, the Act permits the formation of Joint Administrative Tribunals (JATs) for two or more states through mutual consent.
Tribunals for Other Matters (Article 323B)
- Apart from administrative tribunals under Article 323A, the Constitution also provides for the creation of tribunals to deal with a wider set of issues through Article 323B. This provision empowers both the Parliament and State Legislatures to establish tribunals for adjudicating disputes in various key areas of public importance.
- These tribunals can be set up to ensure speedy and specialized resolution in fields that require expert knowledge and are often overburdening traditional courts.
- The subject matters for which such tribunals can be established include:
- Taxation-related matters
- Foreign exchange, import and export
- Industrial and labour
- Land reforms
- Ceiling on urban property
- Election to Parliament and State Legislatures
- Food stuffs
- Matters related to rent control and tenancy laws
- These tribunals aim to offer alternative dispute resolution mechanisms outside of the conventional judiciary, while still being subject to judicial review after the Chandra Kumar judgment (1997).
Difference Between Article 323A and Article 323B
Basis of Difference | Article 323A – Administrative Tribunals | Article 323B – Tribunals for Other Matters |
|---|
Subject-Matter | Covers only service matters (e.g., recruitment, conditions of service of public servants). | Covers a wide range of matters such as taxation, elections, land reforms, rent control, etc. |
Law-Making Authority | Only Parliament is empowered to establish such tribunals. | Both Parliament and State Legislatures can establish such tribunals within their legislative domain. |
Scope of Establishment | Allows for one tribunal for the Centre and one for each state or group of states. No provision for a multi-level tribunal system. | Permits a hierarchical structure of tribunals. |
Tribunals have emerged as vital quasi-judicial bodies in India’s legal framework, aimed at delivering speedy, specialized, and affordable justice. With the inclusion of Part XIV-A through the 42nd Amendment, the Constitution formally recognized their role in areas ranging from public service disputes to taxation, elections, and tenancy matters.
However, while tribunals reduce the burden on regular courts and offer domain-specific adjudication, they are not a substitute for constitutional courts. The Chandra Kumar judgment (1997) reaffirmed the primacy of judicial review, ensuring that tribunals operate within constitutional bounds.
As India continues to evolve its governance and regulatory landscape, a well-functioning and accountable tribunal system will remain crucial to uphold administrative justice, protect citizens’ rights, and strengthen institutional efficiency.
FAQs
1. What is the purpose of setting up tribunals in India?
Tribunals are set up to provide specialized, speedy, and cost-effective adjudication in specific areas like service matters, taxation, elections, and land reforms. They help reduce the workload on regular courts.
2. What is the difference between Article 323A and 323B of the Constitution?
Article 323A deals with Administrative Tribunals for public service matters and can be set up only by Parliament.
Article 323B deals with other subject-specific tribunals (e.g., taxation, land reforms) and can be established by both Parliament and State Legislatures.
3. Can tribunal decisions be challenged in High Courts or the Supreme Court?
Yes. As per the Chandra Kumar case (1997), judicial review by High Courts and the Supreme Court is a basic feature of the Constitution. Therefore, their jurisdiction over tribunal decisions cannot be excluded
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