Question

Which of the following statements is/are correct about Tribunals under Articles 323A and 323B?

i. Tribunals under Article 323A can only be established by the Parliament.

ii. Tribunals under Article 323B can be established by both Parliament and State Legislatures.

iii. A hierarchy of tribunals is mandatory under Article 323A.

iv. Article 323B covers disputes related to taxation, land reforms, and elections.

v. The Chandra Kumar case (1997) upheld the exclusion of High Court jurisdiction for tribunals under both Articles 323A and 323B.

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

Answer 1

Answer:

A. Only i, ii, and iv

Tribunals under the Indian Constitution: Articles 323A and 323B

• Article 323A: Administrative Tribunals
  • Empowers the Parliament to establish administrative tribunals for matters relating to union and state services.
  • These tribunals are established by a Parliamentary Act, meaning state legislatures cannot establish them.
  • A hierarchy of tribunals is not mandatory but can be provided for.
  • The objective is to provide speedy and inexpensive justice to government employees.
• Article 323B: Tribunals for Other Matters
  • Empowers both the Parliament and State Legislatures to establish tribunals for adjudicating specific disputes.
  • The specified matters include taxation, land reforms, industrial and labour disputes, foreign exchange, ceiling on urban property, elections, etc.
  • Note: The list of subjects under Article 323B is exhaustive.
• Key Judicial Pronouncements
  • S.P. Sampath Kumar vs. Union of India (1987): The Supreme Court initially upheld the constitutionality of tribunals under Article 323A, even though it excluded the jurisdiction of High Courts.
  • Indira Sawhney vs. Union of India (1997): The Supreme Court reviewed the earlier decision and held that the tribunals established under Articles 323A and 323B are part of the judicial review and cannot totally exclude the jurisdiction of the High Courts.
  • L. Chandra Kumar vs. Union of India (1997): This landmark judgment reinforced the principle that the power of judicial review vested in the High Courts under Articles 226 and 227, and in the Supreme Court under Article 32, is a basic feature of the Constitution and cannot be excluded. Therefore, decisions of tribunals are subject to review by the High Courts.
• Dispute Resolution Mechanism
  • Tribunals aim to provide a specialized forum for resolving disputes, thereby reducing the burden on regular courts.
  • They are intended to offer quicker and more efficient adjudication of specific types of cases.