Are Tribunals Constitutional Bodies?

By BYJU'S Exam Prep

Updated on: November 9th, 2023

Tribunals are not Constitutional Bodies. Articles 323A and 323B were added to the Indian Constitution in 1976 through the 42nd Amendment. The establishment of administrative tribunals (at the federal and state levels) by the Parliament is permitted by Article 323A. These tribunals can make decisions regarding hiring public employees and their working conditions.

Tribunals are Not Constitutional Bodies

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.
  • In order to handle disputes outside of the traditional judicial system, tribunals were established.
  • Some tribunals are specialized government organizations that can make decisions legally, much like boards.
  • Tribunals were initially not mentioned in the Constitution.
  • The Indian Constitution did not initially include tribunals.
  • They were first introduced in 1985.
  • Under the Tribunals Reforms Ordinance 2021, the government is attempting to dissolve a number of current tribunals and transfer their responsibilities to the current judicial organizations.
  • The Customs, Excise, and Service Tax Appellate Tribunal are one of 19 tribunals that the government wants to change the Finance Act 2017 by adding sections on the composition of search and selection committees and the tenure of members.


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. So, Constitutional Bodies do not include tribunals.

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