Polity · Other Constitutional Dimensions
Part XIV-A of the Constitution (added by the 42nd Amendment, 1976) provides for administrative tribunals (Article 323-A) and tribunals for other matters (Article 323-B). The Central Administrative Tribunal (CAT), established in 1985, adjudicates service-related disputes of Central employees, with its jurisdiction shaped significantly by the Chandra Kumar case (1997).
The original Constitution had no provisions for tribunals. The 42nd Constitutional Amendment Act of 1976 inserted Part XIV-A, consisting of only two articles:
Article 323-A authorises Parliament to establish administrative tribunals for adjudicating disputes relating to recruitment and service conditions of persons appointed to public services of the Centre, states, local bodies, public corporations, and other public authorities.
The rationale was to move service-matter adjudication out of civil courts and High Courts into specialised, faster, and cheaper tribunals.
In pursuance of Article 323-A, Parliament enacted the Administrative Tribunals Act, 1985, authorising the Centre to establish:
Under Article 323-B, Parliament and state legislatures may establish tribunals for disputes relating to:
| Feature | Article 323-A | Article 323-B |
|---|---|---|
| Subject matter | Public service disputes only | Multiple specified matters |
| Who can establish | Only Parliament | Parliament AND state legislatures |
| Hierarchy | No hierarchy of tribunals | Hierarchy of tribunals is permissible |
| Scope | One tribunal per Centre/state/JAT | Multiple tribunals possible |
The Supreme Court declared provisions in both Article 323-A and Article 323-B that excluded High Court and Supreme Court jurisdiction as unconstitutional. Judicial review being part of the basic structure cannot be ousted. Hence, orders of all tribunals under both articles are now subject to High Court and Supreme Court oversight.
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This chapter covers Constitutional Background, Administrative Tribunals (Article 323-A), Central Administrative Tribunal (CAT), State Administrative Tribunals (SATs), Tribunals for Other Matters (Article 323-B). It is organized as revision-ready notes followed by a linked practice quiz.
For Specialised Justice: Administrative, Tax, Service, and Other Statutory Tribunals in India, focus on definitions, dates, places, institutions, distinguishing features, and factual comparisons in the chapter. Then use the quiz to check recall and identify gaps.
Use the Specialised Justice: Administrative, Tax, Service, and Other Statutory Tribunals in India chapter headings to organize an answer framework. Connect causes, consequences, comparisons, examples, and evidence wherever the notes provide them instead of memorizing isolated facts.