Article 323A of Indian Constitution
Article 323A – Administrative Tribunals
Text of Article 323A:
Article 323A was inserted by the 42nd Amendment Act, 1976.
It empowers the Parliament to create Administrative Tribunals for adjudication of disputes related to recruitment and conditions of service of public servants.
Key Provisions
Parliamentary Power to Establish Tribunals:
Parliament may make laws for:
Recruitment
Conditions of service
Promotion, transfer, termination, or disciplinary matters of persons employed in civil services or under the Union or State Governments.
Exclusion of Ordinary Courts:
The jurisdiction of Civil Courts, High Courts, and ordinary courts is excluded in matters transferred to the Tribunal.
However, High Courts retain limited power to supervise the Tribunal under constitutional provisions.
Types of Tribunals:
Central Administrative Tribunal (CAT) – For Union employees
State Administrative Tribunals – For State employees
Objective:
To speed up the resolution of service-related disputes of government employees, avoiding lengthy litigation in regular courts.
Features of Article 323A
Exclusive Jurisdiction:
Administrative Tribunals have exclusive jurisdiction over service matters of public servants.
Statutory Backing:
Tribunals are established by statutes enacted by Parliament, such as the Administrative Tribunals Act, 1985.
Efficiency and Specialization:
Tribunals specialize in service matters, providing expert adjudication, unlike ordinary courts.
Exclusion of High Court Jurisdiction:
Except as provided in the statute, High Courts cannot entertain writ petitions under Articles 226/227 for service matters transferred to the Tribunal.
Important Case Laws
L. Chandra Kumar v. Union of India (1997)
Supreme Court held that tribunal adjudications are subject to judicial review by the High Court under Articles 226/227 to prevent abuse of power or violation of the Constitution.
The decision ensured constitutional safeguards remain intact, even if service matters are transferred to a Tribunal.
Union of India v. Tulsiram Patel (1985)
Reiterated the importance of efficient and specialized tribunals for civil servants while upholding fundamental rights and natural justice.
K.V. Ranganathan v. Union of India (2000)
Clarified the scope of powers of the Central Administrative Tribunal and its relationship with ordinary courts.
Significance of Article 323A
Specialized Forum:
Provides speedy and expert adjudication of disputes concerning government employees.
Reduces Burden on Courts:
Diverts service-related cases from High Courts and Supreme Court, reducing judicial backlog.
Balancing Efficiency and Justice:
Ensures government employees have access to quicker remedies without compromising constitutional safeguards.
Promotes Administrative Efficiency:
Helps maintain discipline and accountability within civil services by resolving disputes promptly.
Conclusion
Article 323A establishes a constitutional basis for Administrative Tribunals, allowing Parliament to create specialized forums to adjudicate disputes regarding the service conditions of public servants. Landmark judgments like L. Chandra Kumar v. Union of India confirm that while Tribunals have exclusive jurisdiction, judicial review remains essential to uphold fundamental rights and prevent arbitrariness, ensuring a balance between efficiency and justice.
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