Tribunals
Part XIVA - Tribunals
Article
323A Administrative tribunals
(1) Parliament may, by
law, provide for the adjudication or trial by administrative
tribunals of disputes and complaints with respect to recruitment and
conditions of service of persons appointed to public services and
posts in connection with the affairs of the Union or of any State or
of any local or other authority within the territory of India or
under the control of the Government of India or of any corporation
owned or controlled by the Government.
(2) A law made under
clause (1) may -
(a) provide for the establishment of an
administrative tribunal for the Union and a separate administrative
tribunal for each State or for two or more States;
(b) specify
the jurisdiction, powers (including the power to punish for contempt)
and authority which may be exercised by each of the said
tribunals;
(c) provide for the procedure (including provisions
as to limitation and rules of evidence) to be followed by the said
tribunals;
(d) exclude the jurisdiction of all courts, except
the jurisdiction of the Supreme Court under article 136, with respect
to the disputes or complaints referred to in clause (1);
(e)
provide for the transfer to each such administrative tribunal of any
cases pending before any court or other authority immediately before
the establishment of such tribunal as would have been within the
jurisdiction of such tribunal if the causes of action on which such
suits or proceedings are based had arisen after such
establishment;
(f) repeal or amend any order made by the
President under clause (3) of article 371D;
(g) contain such
supplemental, incidental and consequential provisions (including
provisions as to fees) as Parliament may deem necessary for the
effective functioning of, and for the speedy disposal of cases by,
and the enforcement of the orders of, such tribunals.
(3) The
provisions of this article shall have effect notwithstanding anything
in any other provision of this Constitution or in any other law for
the time being in force.
Article
323B Tribunals for other matters
(1) The appropriate
Legislature may, by law, provide for the adjudication or trial by
tribunals of any disputes, complaints, or offences with respect to
all or any of the matters specified in clause (2) with respect to
which such Legislature has power to make laws.
(2) The matters
referred to in clause (1) are the following, namely: -
(a) levy,
assessment, collection and enforcement of any tax;
(b) foreign
exchange, import and export across customs frontiers;
(c)
industrial and labour disputes;
(d) land reforms by way of
acquisition by the State of any estate as defined in article 31A or
of any rights therein or the extinguishment or modification of any
such rights or by way of ceiling on agricultural land or in any other
way;
(e) ceiling on urban property;
(f) elections to either
House of Parliament or the House or either House of the Legislature
of a State, but excluding the matters referred to in article 329 and
article 329A;
(g) production, procurement, supply and
distribution of food-stuffs (including edible oilseeds and oils) and
such other
goods as the President may, by public notification,
declare to be essential goods for the purpose of this article and
control of prices of such goods;
(h) rent, its regulation and
control and tenancy issues including the right, title and interest of
landlords and tenants;
(i) offences against laws with respect to
any of the matters specified in sub-clauses (a) to (h) and fees in
respect of any of those matters;
(j) any matter incidental to
any of the matters specified in sub-clauses (a) to (i).
(3) A
law made under clause (1) may -
(a) provide for the
establishment of a hierarchy of tribunals;
(b) specify the
jurisdiction, powers (including the power to punish for contempt) and
authority which may be exercised by each of the said tribunals;
(c)
provide for the procedure (including provisions as to limitation and
rules of evidence) to be followed by the said tribunals;
(d)
exclude the jurisdiction of all courts, except the jurisdiction of
the Supreme Court under article 136, with respect to all or any of
the matters falling within the jurisdiction of the said
tribunals;
(e) provide for the transfer to each such tribunal of
any cases pending before any court or any other authority immediately
before the establishment of such tribunal as would have been within
the jurisdiction of such tribunal if the causes of action on which
such suits or proceedings are based had arisen after such
establishment;
(f) contain such supplemental, incidental and
consequential provisions (including provisions as to fees) as the
appropriate Legislature may deem necessary for the effective
functioning of, and for the speedy disposal of cases by, and the
enforcement of the orders of, such tribunals.
(4) The provisions
of this article shall have effect notwithstanding anything in any
other provision of this Constitution or in any other law for the time
being in force.
Explanation: In this article, "appropriate
Legislature", in relation to any matter, means Parliament or, as
the case may be, a State Legislature competent to make laws with
respect to such matter in accordance with the provisions of Part XI.
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