Question

What is/are the major feature(s) of Tribunals under Article 323B?

(i) They can be established by both Parliament and State Legislatures for matters like taxation and land reforms.
(ii) They require a hierarchical structure of tribunals.
(iii) They have exclusive jurisdiction over service matters of state government employees.

• A. only (i)
• B. only (ii)
• C. only (i) and (ii)
• D. all the above

Answer 1

Answer:

C. only (i) and (ii)

Understanding Tribunals under the Indian Constitution

• The concept of tribunals was introduced in the Indian Constitution by the 42nd Amendment Act of 1976.
• This amendment added a new Part XIV-A titled 'Tribunals', comprising Article 323A and Article 323B.
• The primary objective behind establishing tribunals was to reduce the workload of the regular courts, provide a speedy and inexpensive remedy, and ensure specialized expertise in specific areas of law.

Article 323B: Tribunals for Other Matters

• Article 323B empowers Parliament and State Legislatures to establish tribunals for adjudication of disputes relating to specific matters other than service matters.
• Key Feature (i): Establishment by both Parliament and State Legislatures
  • Under Article 323B, a law made by Parliament can provide for the establishment of tribunals for matters falling within its legislative competence.
  • Similarly, a law made by a State Legislature can provide for the establishment of tribunals for matters falling within its legislative competence.
  • Examples of matters covered under Article 323B include:
    • Taxation
    • Foreign exchange, import and export
    • Industrial and labour disputes
    • Land reforms
    • Ceiling on urban property
    • Elections to Parliament and State Legislatures
    • Foodstuffs and other essential goods
    • Rent and tenancy rights
• Key Feature (ii): Requirement for a Hierarchical Structure
  • Although not explicitly stated as a 'requirement' for *all* tribunals under 323B in the text of the article itself, the laws enacted under Article 323B often provide for a hierarchical structure of tribunals.
  • This is crucial for ensuring a proper appellate mechanism and allowing for appeals against the decisions of lower tribunals.
  • This hierarchical setup ensures that justice is not only dispensed but also that avenues for correction of errors are available, aligning with principles of natural justice and due process.
• Why statement (iii) is incorrect: Jurisdiction over service matters
  • Statement (iii) claims tribunals under Article 323B have exclusive jurisdiction over service matters of state government employees. This is incorrect.
  • Service matters of public servants (both Union and State) are specifically dealt with by Administrative Tribunals established under Article 323A.
  • Article 323A empowers only Parliament to establish Administrative Tribunals, whereas Article 323B allows both Parliament and State Legislatures to do so for other matters.

Important Judicial Pronouncements

• In the landmark case of L. Chandra Kumar vs. Union of India (1997), the Supreme Court declared that the power of judicial review vested in the High Courts (under Articles 226 and 227) and the Supreme Court (under Article 32) is an integral and essential feature of the Constitution, constituting part of its basic structure.
• The Court held that tribunals, while exercising judicial power, are subject to the writ jurisdiction of the High Courts and thereafter to the special leave petition jurisdiction of the Supreme Court. This means tribunals cannot completely oust the jurisdiction of High Courts and the Supreme Court.