Article 323B of Indian Constitution
(1) The appropriate Legislature may, by law, provide for the adjudication or trial by tribunals of any disputes, complaints, or offences with respect to all or any of the matters specified in clause (2) with respect to which such Legislature has the power to make laws.
(2) The matters referred to in clause (1) are the following, namely: —
- levy, assessment, collection and enforcement of any tax;
- foreign exchange, import and export across customs frontiers;
- industrial and labour disputes;
- land reforms by way of acquisition by the State of any estate as defined in article 31A or of any rights therein or the extinguishment or modification of any such rights or by way of ceiling on agricultural land or in any other way;
- ceiling on urban property;
- elections to either House of Parliament or the House or either House of the Legislature of a State, but excluding the matters referred to in article 329 and article 329A;
- production, procurement, supply and distribution of food-stuffs (including edible oilseeds and oils) and such other goods as the President may, by public notification, declare to be essential goods for the purpose of this article and control of prices of such goods;
- rent, its regulation and control and tenancy issues including the right, title and interest of landlords and tenants;
- offences against laws with respect to any of the matters specified in sub-clauses (a) to 3[(h)] and fees in respect of any of those matters;
- any matter incidental to any of the matters specified in sub-clauses (a) to 2[(i)].
(3) A law made under clause (1) may—
- provide for the establishment of a hierarchy of tribunals;
- 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 all or any of the matters falling within the jurisdiction of the said tribunals;
- provide for the transfer to each such tribunal of any cases pending before any court or any 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;
- contain such supplemental, incidental and consequential provisions (including provisions as to fees) as the appropriate Legislature 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.
(4) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.
Explanation. —In this article, “appropriate Legislature”, in relation to any matter, means Parliament or, as the case may be, a State Legislature competent to make laws with respect to such matter in accordance with the provisions of Part XI.
Explanation of Article 323B of Indian Constitution:
The tribunals for other matters are covered under Article 323B. The parliament and state legislatures are authorized to provide for the formation of tribunals for the adjudication of disputes relating to the following matters:
- Foreign exchange, imports, and exports
- Industrial and labour
- Land reforms
- Ceiling on urban property
- Elections to parliament and state legislature
- Rent and tenancy rights
The following are the matters mentioned in clause (1),
- Levy, collection, assessment, and enforcement of any tax;
- Foreign exchange,export and import across customs frontiers;
- Industrial as well as labour disputes;
- Land reforms through the State acquiring any estate as specified in article 31A or any rights therein, or through the extinction or modification of any such rights, or the imposition of a ceiling on agricultural land, or in any other manner;
- The cap on the urban property;
- Elections to either the House of Parliament or the House or either House of the Legislature of a state, but leaving out the subjects that are mentioned in articles 329 and 329A;
- Production, procurement, supply, and circulation of foodstuffs (including edible oilseeds and oils) and other products the President of India may announce to be essential for the objectives of this article by public notification, as well as control over the prices of such products;
- Rent, its regulation and control, and tenancy issues, such as landlords’ and tenants’ rights, titles, and interests.
- Offences against laws with regard to any of the matters stated in subclauses (a) to (h), as well as fees with regard to any of those matters.
- Any matter incidental to any of the matters listed in subclauses (a) to (i).
A law made under clause (1) may-
- Include provisions for the establishment of a hierarchy of Tribunals;
- Determine the jurisdiction, powers (including the power to penalize for contempt), and authority that may be mentioned by each of the said tribunals;
- Specify the procedure (including limitations and rules of evidence) to be followed by the said tribunals;
- Exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court of India under Article 136, with connection to all or any of the topics within the purview of the aforementioned tribunals;
- Provide for the transfer to each of these tribunals of any cases pending before any court or any other authority immediately prior to the formation of each such tribunal, and that would have fallen under its purview if the cause of action supporting such suits or proceedings had arisen after such formation;
- Contain such additional, incidental, and consequential provisions (including provisions as to fees) as the appropriate Legislature may consider essential for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals.
The provision of this article shall be applicable regardless of any other provisions in the Constitution of India or other laws currently in force.
List of Amendments in Article 323B of Indian Constitution:
|75th Amendment Act, 1993
It amended Article 323B of the Constitution of India.
The provision has been made for setting up state-level rent Tribunals, which will provide timely relief to rent litigants.
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