Are tribunals constitutional bodies?

By Ritesh|Updated : September 3rd, 2022

Tribunals are not constitutional bodies. Through the 42nd Amendment, Articles 323A and 323B were added to the Indian Constitution in 1976. Under Article 323A, Parliament has the authority to establish administrative tribunals (at the federal and state levels) to rule on issues about the hiring of public employees and their working conditions.

The Tribunal System in India

Certain topics (including taxation and land reforms) were listed in Article 323B as those for which Parliament or state legislatures could create tribunals by passing legislation.

  • Tribunals were established to provide quick, affordable, and decentralized dispute adjudication in various areas.
  • Tribunals were established to handle disputes outside of the regular judicial system.
  • Some tribunals are specialized government organizations, similar to boards, with legal authority to make decisions.
  • Initially, the Constitution did not include a provision for tribunals.
  • Tribunals were not initially included in the Indian Constitution.
  • In 1985, they were first presented.
  • The government is attempting to abolish several current tribunals and transfer their duties to the existing judicial organizations under the Tribunals Reforms Ordinance 2021.
  • The government wants to alter the Finance Act 2017 by adding sections that address the membership of search and selection committees and the tenure of members for 19 tribunals, including the Customs, Excise, and Service Tax Appellate Tribunal.

Summary:

Are tribunals constitutional bodies?

The constitution does not grant authority to tribunals. Articles 323A and 323B were inserted into the Indian Constitution in 1976 by the 42nd Amendment. According to Article 323A, Parliament has the power to create administrative tribunals (at the federal and state levels) to make decisions about public employee selection and working conditions.

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