Introduction

A tribunal is a quasi-judicial institution that is set up to deal with problems such as resolving administrative or tax-related disputes. The original Constitution did not contain provisions with respect to tribunals. The 42^nd Amendment Act of 1976 added a new Part XIV-A to the Constitution of India (1950).

• Part XIV-A is entitled as Tribunals and consists of two Articles namely Article 323A and 323B.

Article 323A of COI

• This Article deals with Administrative Tribunals. It states that-

(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—

(a) 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.

(b) Specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals.

(c) Provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals.

(d) 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).

(e) 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.

(f) Repeal or amend any order made by the President under clause (3) of article 371D.

(g) 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 in any other law for the time being in force.

Article 323B of COI

• This Article deals with the tribunals for other matters. It states that -

(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 power to make laws.

(2) The matters referred to in clause (1) are the following, namely: —

(a) Levy, assessment, collection and enforcement of any tax.

(b) Foreign exchange, import and export across customs frontiers.

(c) Industrial and labor disputes.

(d) 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.

(e) Ceiling on urban property.

(f) 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.

(g) 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.

(h) Rent, its regulation and control and tenancy issues including the right, title and interest of landlords and tenants.

(i) Offences against laws with respect to any of the matters specified in sub-clauses (a) to (h) and fees in respect of any of those matters.

(j) Any matter incidental to any of the matters specified in sub-clauses (a) to (i).

(3) A law made under clause (1) may—

(a) Provide for the establishment of a hierarchy of tribunals.

(b) Specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals.

(c) Provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals

(d) 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

(e) 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

(f) 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.

Difference Between Article 323A and 323B

• While Article 323 A contemplates the establishment of tribunals for public service matters only, Article 323 B contemplates the establishment of tribunals for certain other matters.
• While tribunals under Article 323 A can be established only by Parliament, tribunals under Article 323 B can be established both by Parliament and state legislatures with respect to matters falling within their legislative competence.
• Under Article 323 A, only one tribunal for the Centre and one for each state or two or more states may be established. There is no question of the hierarchy of tribunals, whereas under Article 323 B a hierarchy of tribunals may be created.

Difference between Court and Tribunal

• The Tribunals and Courts both deal with the disputes between the parties which affect the rights of the subjects. But there exists some difference between the two which are as follows: