Question

Which of the following statements are correct about Tribunals under Article 323B?

i. Article 323B empowers both Parliament and State Legislatures to establish tribunals.

ii. Tribunals under Article 323B cover disputes related to taxation, foreign exchange, and land reforms.

iii. A hierarchy of tribunals is not required under Article 323B.

iv. The Chandra Kumar case (1997) upheld the exclusion of High Court jurisdiction for Article 323B tribunals.

v. Tribunals under Article 323B can be established for disputes related to elections to Parliament and Legislative Assemblies.

• A. i, ii, and v
• B. i, iii, and iv
• C. ii, iii, and v
• D. i, iv, and v

Answer 1

Answer:

A. i, ii, and v

Tribunals under Article 323B of the Indian Constitution:

• Parliamentary and State Legislative Power: Article 323B empowers both the Parliament and the State Legislatures to enact laws for the establishment of tribunals. This dual legislative competence is crucial for addressing specific regional and national issues through specialized adjudicatory bodies.
• Scope of Disputes: These tribunals are empowered to adjudicate upon disputes related to various matters, including:
  • Taxation
  • Foreign exchange, import and export
  • Industrial and labour disputes
  • Land reforms
  • Urban property
  • Panchayats
  • Certain other matters as may be specified by an appropriate legislature.
• Elections: Tribunals under Article 323B can be set up to deal with election disputes concerning the elections to Parliament and the State Legislative Assemblies. This ensures a specialized mechanism for resolving electoral grievances.
• Hierarchy of Tribunals: The establishment of a strict hierarchy of tribunals is not a mandatory requirement under Article 323B. While appeals may lie to higher tribunals or courts, the initial structure can be flexible.
• Judicial Review and High Court Jurisdiction: The Supreme Court, in the landmark Indira Sawhney case (1997), has significantly interpreted the scope of judicial review concerning tribunals. While Article 323B allows for the exclusion of the jurisdiction of High Courts over the administrative and other matters decided by these tribunals, the Supreme Court has held that the power of judicial review vested in the High Courts under Articles 226 and 227, and in the Supreme Court under Article 32, cannot be completely ousted. This ensures that the decisions of tribunals are subject to constitutional scrutiny.
• Distinction from Article 323A: It's important to distinguish Article 323B from Article 323A, which deals exclusively with Administrative Tribunals for public service matters.