Part XIVA: Tribunals

Article 323A: Administrative Tribunals

Original Article:

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—

• 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;
• Specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals;
• Provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals;
• 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);
• 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;
• Contain such supplemental, incidental and consequential provisions as Parliament may deem necessary for the effective functioning 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.

Explanations:

Article 323A empowers Parliament to establish administrative tribunals for resolving disputes related to public service recruitment and conditions of employment. These tribunals streamline the judicial process, ensuring specialized and speedy adjudication of service-related grievances.

Clause-by-Clause Explanation:

Clause (1): Parliament's Authority

Parliament can create tribunals for service-related disputes of employees under the Union, State, or local authorities.

Clause (2): Powers and Provisions

Outlines powers such as establishing tribunals, setting jurisdiction, excluding courts' jurisdiction, and procedural rules.

Clause (3): Supremacy of Article 323A

This clause overrides other constitutional and legal provisions to ensure effective functioning of tribunals.

Historical Significance:

Article 323A reflects the Indian Constitution's adaptability, providing specialized mechanisms like tribunals to reduce judicial burdens and ensure focused adjudication.