1. Introduction to Tribunals

  • Historical Context: Originally, the Indian Constitution did not include provisions for tribunals. They were introduced with the 42nd Amendment Act of 1976, adding Part XIV-A to the Constitution, which addresses tribunals in two articles:
    • Article 323A: Pertains to administrative tribunals.
    • Article 323B: Pertains to tribunals established for various other matters.

2. Administrative Tribunals (Article 323A)

  • Purpose: These tribunals are set up to handle disputes concerning recruitment and service conditions for individuals employed in public services under the central government, states, local authorities, and other public bodies.
  • Significance: Removes the jurisdiction over service disputes from civil and high courts to reduce litigation time and enhance efficiency.
  • Legislative Basis:
    • Administrative Tribunals Act, 1985: Empowered Parliament to create administrative tribunals, facilitating speedier justice for public servants.
  • Central Administrative Tribunal (CAT):
    • Establishment: Formed in 1985, headquartered in New Delhi, with 19 benches across India.
    • Jurisdiction: Handles recruitment and service disputes for the All India Services, central civil services, and civilian employees in defense, but excludes defense force members, Supreme Court staff, and Parliamentary secretarial staff.
    • Structure: Composed of a Chairman and Members. The 2006 amendment removed the position of Vice-Chairman. Chairman and members serve for four years or until reaching the ages of 70 (Chairman) and 67 (Members).
    • Appointment: Selected by the central government based on recommendations from a search-cum-selection committee chaired by the Chief Justice of India or a Supreme Court judge.
    • Procedure: Not bound by the Civil Procedure Code of 1908; operates on natural justice principles. Minimal fee for applicants, who may represent themselves or hire a lawyer.
  • State Administrative Tribunals (SAT):
    • Formation: Central government establishes SATs upon a state’s request.
    • Function: Similar jurisdiction to CAT but limited to state government employees.
    • Joint Administrative Tribunal (JAT): Can be established for multiple states to handle overlapping jurisdiction issues.

3. Tribunals for Other Matters (Article 323B)

  • Scope: Allows for the establishment of tribunals in areas beyond public service, covering a wide range of topics, including:
    • Taxation
    • Foreign Exchange and Trade
    • Labor and Industrial Relations
    • Land Reforms and Urban Property
    • Election Disputes
    • Foodstuffs and Essential Commodities
    • Rent and Tenancy Rights
  • Legislative Authority: Unlike Article 323A, tribunals under Article 323B can be created by both Parliament and state legislatures depending on the issue.

4. Comparison between Articles 323A and 323B

  • Subject-Matter: Article 323A is limited to public service disputes, while Article 323B covers a broader range of issues.
  • Authority to Establish Tribunals: Only Parliament can establish tribunals under Article 323A. In contrast, both Parliament and state legislatures have the authority under Article 323B.
  • Tribunal Hierarchy: Article 323A provides for a single tribunal system without hierarchy, while Article 323B allows for a hierarchy within the tribunals.

5. Judicial Review and the Chandra Kumar Case (1997)

  • Background: Initially, high courts and the Supreme Court’s jurisdiction over tribunal decisions was restricted.
  • Chandra Kumar Judgment: The Supreme Court deemed this restriction unconstitutional, affirming that judicial review is part of the Constitution’s basic structure. Now, appeals against tribunal decisions go to the high courts, ensuring access to judicial review.

6. Additional Information on CAT Benches and Circuit Sittings

  • Bench Locations: CAT has multiple benches nationwide, each covering specific territorial jurisdictions. Notable benches are in New Delhi, Allahabad, Lucknow, Hyderabad, Bangalore, Madras, and Bombay.
  • Circuit Sittings: Many benches hold circuit sittings at other locations to increase accessibility. For instance, the Allahabad Bench holds sittings in Nainital, and the Calcutta Bench in Port Blair and Gangtok.