Administrative Tribunals - Some Aspects
By
Shri S. D. Karwande
Articles 323A and 323B were introduced in the Constitution of India by the Constitution (42nd Amendment) Act, 1976 during the Emergency. After the defeat of Indira Gandhi Government in 1977 the Janata Government had introduced 45th Amendment Bill, 1978 for deleting these Articles. The Bill was passed by the Lok Sabha but it was rejected by the Rajya Sabha where the Congress was still in majority.
Article 323 A empowers the Parliament, by law, to establish an Administrative Tribunal for the Union and a separate Administrative Tribunal for each state, to adjudicate and try disputes and complaints with respect to the service matters of its employees. Article 323B provides for establishment of Tribunals for the adjudication or trial of any disputes, complaints, offences with respect to levy, assessment, collection and enforcement of any taxes; industrial and labour disputes; land reforms; ceiling on urban property; elections to either House of parliament or either House of the L ....