14APart XIVA (A:323A-323B): Tribunals
· Article 323A :
Administrative tribunals
*[323A. (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 onsequential 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.]
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* Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 46 (w.e.f.
3-1-1977)
· Article 323B :
Tribunals for other matters
*[323B. (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 labour 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.]
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* Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 46 (w.e.f.
3-1-1977)
** Ins. by the Constitution (Seventy-fifth Amendment) Act, 1993, s. 2 (w.e.f.
15-5-1994)
*** Sub-clauses (h) and (i) re-lettered as sub-clauses (i) and (j) by s. 2,
ibid. (w.e.f. 15-5-1994)
**** Subs. by s. 2, ibid., for "(g)" (w.e.f. 15-5-1994)
***** Subs. by s. 2, ibid., for "(h)" (w.e.f. 15-5-1994)