Q: Write a short note on tribunals in Indian Constitution ?

Ans: Tribunal: Any body acting judicially for adjudicating cases of special purpose under special laws is Tribunal.  

All courts are tribunals but all tribunals are not courts. They are quasi-judicial in nature.

A person can go in court for the case of tribunal but not vice versa.

E.g.: National Green Tribunal hears the cases related to Environment.

Water dispute tribunals are quasi judicial in nature.

Water dispute tribunals are created under Article 262.

The Central Administrative Tribunals look into the cases pertaining recruitment conditions to public services and other such issues.

The proceedings in the tribunals are generally faster than the proceedings in courts.

Tribunals are not originally a part of the Constitution of India. They were introduced in 1985. Tribunals were constituted with the objective of delivering speedy, inexpensive and decentralised adjudication of disputes in various matters.

Tribunals were included in 42nd Amendment Act, 1976. Part 14-A of Indian Constitution mentions about the Tribunals. There are two articles i.e. Article 323 A and 323 B that mentions about the Tribunals. 

Article 323A mentions about the Administrative Tribunals whereas Article 323B mentions about Tribunals for other matter.

Article 323A empowers the Parliament to provide for the establishment of administrative tribunals for the adjudication of disputes relating to recruitment and conditions of service of persons appointed to public services of the Centre, the states, local bodies, public corporations and other public authorities. 

The Parliament has passed the Administrative Tribunals Act in 1985.

The act authorises the Central government to establish one Central administrative tribunal and the state administrative tribunals.

Only the Central Government has the power to establish state administrative tribunal and the state government can not establish state administrative tribunal.

Central Administrative Tribunal: 

CAT was set up in 1985 with the principal bench at Delhi and additional benches in different states.

At present, it has 17 regular benches, 15 of which operate at the principal seats of high courts and the remaining two at Jaipur and Lucknow.

Original Jurisdiction:

All-India services,

The Central Civil Services

Civil posts under the Centre and

Civilian employees of defence services.

Not covered :--

The members of the defence forces, officers and servants of the Supreme Court and the secretarial staff of the Parliament.

Central Administrative Tribunal (CAT) 

Chandra Kumar Case 1997.

Originally, appeals against the orders of the CAT could be made only in the Supreme Court and not in the high courts. 

However, in the Chandra Kumar case (1997), the Supreme Court declared this restriction on the jurisdiction of the high courts as unconstitutional, holding that judicial review is a part of the basic structure of the Constitution.

It laid down that appeals against the orders of the CAT shall lie before the division bench of the concerned high court.

State Administrative Tribunal:

The Central government can establish the State Administrative Tribunals (SATs) on specific request of the concerned state governments.

Like the CAT, the SATs exercise original jurisdiction in relation to recruitment and all service matters of state government employees.

The chairman, and members of the SATs are appointed by the president after consultation with the governor of the state concerned.

The act also makes a provision for setting up of joint administrative tribunal (JAT) for two or more states.

Tribunals for other matters:

Article 323 B:

The Parliament and the state legislatures are authorised to provide for the establishment of tribunals for the adjudication of disputes relating to the following matters:

(a) Taxation,

(b) Foreign exchange, import and export.

(c) Industrial and labour.

(d) Land reforms.

(e) Ceiling on urban property.

(f) Elections to Parliament and state legislatures.

(g) Food stuffs.

(h) Rent and tenancy rights.

Difference between Article 323A and 323B of Indian Constitution.

Article 323A and 323B :

According to Article 323A administrative tribunals are for recruitment and public service matters only. Administrative tribunals are only established by the Parliament.  The one tribunal is for the centre and one for each state and multiple tribunals can not be created for same state.

Article 323B connotes the tribunals related to other matters. These tribunals can be established by both Parliament and State Legislatures and a hierarchy of tribunals may be created.