Article 323A of Indian Constitution: Administrative tribunals
Article 323A of Indian Constitution
Original Text:
(1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government.
(2) A law made under clause (1) may—
- provide for the establishment of an administrative tribunal for the Union and a separate administrative tribunal for each State or for two or more States;
- specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals;
- provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals;
- exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136, with respect to the disputes or complaints referred to in clause (1);
- provide for the transfer to each such administrative tribunal of any cases pending before any court or other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment;
- repeal or amend any order made by the President under clause (3) of article 371D;
- contain such supplemental, incidental and consequential provisions (including provisions as to fees) as Parliament may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals.
(3) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or any other law for the time being in force.
Explanation of Article 323A of Indian Constitution:
The Tribunals were not covered by the original Constitution’s provisions. The new Part XIV-A was added to the Constitution of India with the passage of the 42nd Amendment Act in 1976 on the recommendation of the Swaran Singh committee.
The Administrative Tribunals are the authorities outside the ordinary court system that interpret and apply the laws when acts of public administration are questioned in formal suits by the courts or by other established methods. In other words, they are agencies created by specific enactments to adjudicate upon disputes that may arise in the course of implementation of the provisions of the relevant enactments.
Article 323A, which deals with administrative tribunals, and Article 323B, which deals with tribunals for other cases, are the only two articles in this section, which is titled “Tribunal.”
Under Article 323A, Parliament has the power to establish administrative tribunals for adjudication of disputes regarding recruitment procedures and terms of employment for individuals appointed to the Centre, the states, local governments, public corporations, and other public authorities within Indian territory or under the control of the indian government or any corporation owned or controlled by the government.
A law made under clause (1) may:
- Allow for the establishment of an administrative tribunal for the Centre and the distinct administrative tribunals for each state or two or more states;
- Specify the jurisdiction, powers (including the power to penalize for contempt), and authority that may be exercised by each of the stated tribunals;
- Stipulate the procedure (containing provisions as to limitation and rules of evidence) to be followed by the above-mentioned tribunals;
- Exclude the jurisdiction of all courts, except the jurisdiction of the supreme court under Article 136 of the Constitution with regard to the disputes or complaints referred to in clause (1)
- Provide for the transfer to each such administrative tribunal of any pending cases before any court or other authority immediately before the establishment of such tribunals as would have been within the jurisdiction of such establishment;
- Amend or repeal any order made by the President under clause (3) of article 371D of the Constitution.
- Contain any additional, incidental, and consequential provisions (such as fee provisions) that Parliament may find appropriate for the efficient operation of these tribunals, the prompt resolution of matters by them, and the enforcement of their rulings.
Notwithstanding anything in other provision of this Constitution or in any other law that is presently in effect, the provisions of this article shall be given effect in accordance with their terms.
In other words, article 323 A empowers the Parliament to take out the adjudication of disputes relating to service matters from the civil courts and the high court and place it before the administrative tribunals.
In 1985, the Administrative Tribunals Act was passed by the Parliament in compliance with Article 323A. The act gives the central government the authority to create state administrative tribunals in addition to a single central administrative tribunal. This act provided a new chapter in the sphere of providing prompt and inexpensive justice to the aggrieved public servants.
