Part 14A of Indian Constitution, Amendments, Articles, Case Laws

Part 14A of the Indian Constitution deals with the establishment of Tribunals in India. It was added by the 42nd Constitutional Amendment Act, 1976 to provide a quicker and more efficient system for resolving certain types of disputes. This Part includes Article 323A and Article 323B.

Articles Under Part 14A of Indian Constitution

Tribunals are special bodies created to handle specific matters such as service disputes of government employees, taxation, labour issues, land reforms, and other similar cases. The main aim of introducing tribunals was to reduce the burden on regular courts and ensure faster justice through expert bodies. Thus, Part 14A strengthens the justice delivery system by introducing specialized mechanisms for dispute resolution in India.

Article 323A: Administrative tribunals

323 (1): Parliament can make a law to set up Administrative Tribunals to decide disputes related to recruitment and service conditions of people working in public services. This includes employees of the Union, States, local authorities, government-controlled bodies and government-owned corporations.

323 (2): A law made under Clause (1) may-

(a) Establish a Central Administrative Tribunal for the Union and separate tribunals for each State or for two or more States together.

(b) Define the jurisdiction, powers, and authority of these tribunals, including the power to punish for contempt.

(c) Lay down the procedure to be followed, including rules about time limits and evidence.

(d) Exclude the jurisdiction of all courts except the Supreme Court under Article 136.

(e) Transfer pending service-related cases from courts or other authorities to these tribunals.

(f) Amend or repeal any order made by the President under Article 371D(3).

(g) Include other necessary provisions (like fees and enforcement powers) for smooth and speedy functioning of the tribunals.

323 (3): This Article will have effect even if it conflicts with any other provision of the Constitution or any existing law.

Article 323 B: Tribunals for other matters

323 (1): The appropriate Legislature (Parliament or State Legislature) can make laws to establish tribunals to decide disputes, complaints, or offences related to certain specific matters over which it has law-making power.

323 (2): The matters mentioned in Clause (1) include-

(a) Taxes – levy, assessment, collection and enforcement.

(b) Foreign exchange and matters related to import and export.

(c) Industrial and labour disputes.

(d) Land reforms, including acquisition of estates, land ceilings and modification of land rights.

(e) Ceiling on urban property.

(f) Elections to Parliament and State Legislatures (except matters under Articles 329 and 329A).

(g) Production, supply, and distribution of food-stuffs and essential goods, and price control.

(h) Rent control and tenancy issues, including rights of landlords and tenants.

(i) Offences and fees related to the above matters.

(j) Any matter connected or incidental to the above subjects.

323 (3): A law made under Clause (1) may-

(a) Create a hierarchy (different levels) of tribunals.

(b) Define their jurisdiction, powers, and authority, including power to punish for contempt.

(c) Lay down their procedure, including rules of evidence and time limits.

(d) Exclude the jurisdiction of courts, except the Supreme Court under Article 136.

(e) Transfer pending cases from courts to such tribunals.

(f) Include other necessary provisions (such as fees and enforcement powers) for effective and speedy functioning.

323 (4): This Article will operate even if it conflicts with any other provision of the Constitution or any other law.

Explanation:

“Appropriate Legislature” means Parliament or a State Legislature that has the power to make laws on that subject under Part XI of the Constitution.

Case Laws related to Part 14A of Indian Constitution

• L. Chandra Kumar v. Union of India (1997): Tribunals can examine the constitutional validity of laws and rules. However, their decisions are subject to review by the High Courts. The Court clarified that tribunals are supplementary bodies, not substitutes for High Courts. All tribunal decisions will first be reviewed by the respective High Court under Articles 226/227 before going to the Supreme Court.
• J.B. Chopra & Others v. Union of India: The Supreme Court held that bodies like Administrative Tribunals cannot act as appellate authorities over disciplinary decisions. They cannot change or reduce punishment simply because they feel it is too harsh. 

Tribunals can interfere only when:

• The inquiry procedure was unfair,
• Principles of natural justice were violated,
• The punishment is clearly arbitrary or shockingly disproportionate,
• The decision was taken with mala fide intention.

The disciplinary authority has the primary power to decide the punishment. Tribunals must respect this power unless there is clear illegality.

• Dr. Mahabal Ram v. Indian Council of Agricultural Research: The Supreme Court held that administrative tribunals can review service matters like promotions, transfers, and disciplinary actions, but only to ensure legality and fairness, not to replace the authority’s judgment. For disputes involving constitutional validity, a judicial member must decide. Tribunals must follow fair procedures under Articles 323A/B and 311 and can intervene only if natural justice or legal procedure is violated, not simply due to disagreement with the decision.

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