Question

Assertion (A): Tribunals under Article 323B require a hierarchy of tribunals to be established.

Reason (R): Article 323B deals with tribunals for matters like taxation, land reforms, and elections, which require structured adjudication.

• A. Both A and R are true, and R is the correct explanation of A.
• B. A is true, but R is false.
• C. A is false, but R is true.
• D. Both A and R are false.

Answer 1

Answer:

A. Both A and R are true, and R is the correct explanation of A.

Tribunals under Article 323B of the Indian Constitution

• Article 323B empowers the appropriate legislature to establish administrative and other tribunals to adjudicate on specific matters.
• These tribunals are established for subjects like:
  1. Acquisition of land
  2. Land reforms
  3. Ceiling on urban property
  4. Elections to legislatures
  5. Rent, tenancy, and house accommodation
  6. Excise duties
  7. Foreign exchange, imports and exports
  8. Industrial and labour disputes
  9. Manufactured products, and
  10. Parliamentary and state legislature matters.
• The establishment of tribunals for such diverse and complex subjects necessitates a structured hierarchy to ensure efficient and effective adjudication, thereby supporting Assertion (A).
• The nature of matters listed under Article 323B, such as taxation, land reforms, and elections, inherently requires a well-organized system for dispute resolution, which aligns with the need for a hierarchical structure. This justifies Reason (R).
• Reason (R) correctly explains why Assertion (A) is true, as the complexity and scope of the matters handled by tribunals under Article 323B demand a hierarchical setup for proper functioning.
• Key Points for Competitive Exams:
  • Article 323B was introduced by the 42nd Amendment Act, 1976.
  • It is a legislative enabling provision, meaning the respective legislatures (Parliament or State Legislatures) need to enact laws to create these tribunals.
  • Unlike Article 323A (which deals with Administrative Tribunals and can be established by a Central Act), Article 323B can be invoked by both Central and State Legislatures for the specified subjects.
  • The Supreme Court, in various judgments (e.g., S.P. Sampath Kumar vs. Union of India), has discussed the role and constitutionality of tribunals, often emphasizing their need to supplement the work of ordinary courts while adhering to principles of judicial review.