What is Article 323-A of the Indian Constitution?

By K Balaji|Updated : August 18th, 2022

Article 323 A is concerning the Administrative tribunals. It declares that: Parliament may provide for the judgment or hearing by administrative tribunals of arguments and criticisms by law, concerning hiring and condition of individuals working in public services regarding the matters of the State or local or Union or any other authority within the regions of India or under the power of the Indian Government or any agency owned or supervised by the Government.”

In a nutshell, Administrative tribunals are quasi-judicial organizations (similar to court proceedings) that resolve controversies connected to the employment and service requirements of people working in public service. The CAT or Central Administrative Tribunal was formed under Article 323A which provides for this.

Features of Article 323 A

Article 323 A reflects the structure of tribunals for public service matters only and can be appointed by the Parliament only. Under Article 323 A, only one tribunal for the Centre and one for each state or two or more states may be selected.

  • There is no inquiry into the hierarchy of tribunals.
  • The Tribunals were set up to ease the workload of courts, accelerate the decisions, and provide a discussion that would be operated by lawyers in the areas under the jurisdiction.

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FAQs

  • Article 323A was added to the Constitution by the 42nd Amendment Act, of 1976. The thought was to ensure early decision-making by decentralization of legal actions.

  • Article 323A states about the Administrative tribunals that they are quasi-judicial organizations that resolve controversies related to the recruitment and public service requirements of people.

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