Article 323A Simplified: Administrative tribunals

Official 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— (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. (Part XIVA.—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.

Simple Meaning

Article 323A (Administrative tribunals) deals with administrative and specialized tribunals. These are specialized quasi-judicial bodies created to resolve specific disputes (like tax, labor, or civil service disputes) quickly, reducing the burden on regular courts.

Explain Like Ten

This rule allows the government to set up special, fast-track courts (called administrative tribunals) to solve disagreements about government workers' jobs, salaries, or promotions, so they don't clog up the regular courts.

Student Mode

Inserted by the 42nd Amendment Act of 1976. Empowers Parliament (and only Parliament) to establish administrative tribunals (like the Central Administrative Tribunal or CAT, and State Administrative Tribunals or SATs) for the adjudication of disputes relating to recruitment and conditions of service of public servants under the Union, States, or local authorities. Crucially, it excludes the jurisdiction of all courts except the Supreme Court under Article 136.

Example

For a real constitutional problem about administrative tribunals, Article 323A gives the starting rule and connects it to the wider system of public service rules.

Key Takeaway

Article 323A anchors administrative tribunals within India's constitutional system.

FAQs

Who can establish administrative tribunals under Article 323A?

Only Parliament has the power to establish administrative tribunals under Article 323A. State Legislatures cannot do so under this article (though they can under Article 323B for other matters).

Are decisions of administrative tribunals appealable in High Courts?

Yes. While Article 323A initially aimed to exclude High Court jurisdiction, the Supreme Court in the landmark L. Chandra Kumar v. Union of India (1997) case ruled that judicial review is part of the basic structure of the Constitution. Therefore, decisions of CAT/SAT must first be challenged before a Division Bench of the respective High Court before going to the Supreme Court.

What is CAT and when was it established?

The Central Administrative Tribunal (CAT) was established in 1985 under the Administrative Tribunals Act, 1985, enacted pursuant to Article 323A.

Quiz

Under Article 323A, who is authorized to establish administrative tribunals?

Answer: The Parliament

Which landmark case ruled that tribunal decisions are subject to the judicial review of High Courts?

Answer: L. Chandra Kumar v. Union of India

Related Topics

• Article 322
• Article 324