Question

The Constitution of India has recognized the concept of tribunals as instruments of quasi-judicial administrative adjudication

• A. Art.39(a) and 39(b)
• B. Art.323A and 323-B
• C. Art.368
• D. Art.202A and 202B

Hint:

Remember that Part XIV-A (Tribunals) was added by the 42nd Amendment. This amendment is also called the 'Mini-Constitution' due to the large number of changes it made. Associating tribunals with the 42nd Amendment can help you recall the relevant articles.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
Tribunals are quasi-judicial bodies established to provide specialized and speedy adjudication in specific areas, thereby reducing the burden on traditional courts. The Indian Constitution was amended to explicitly provide for the establishment of tribunals.
Step 2: Detailed Explanation:
The provisions for tribunals were not part of the original Constitution. They were inserted by the 42nd Amendment Act, 1976, which added a new Part XIV-A titled 'Tribunals'.
This part consists of two articles:
- Article 323-A: This empowers the Parliament to provide for the establishment of administrative tribunals for the adjudication of disputes relating to recruitment and conditions of service of persons appointed to public services. This led to the creation of the Central Administrative Tribunal (CAT) and State Administrative Tribunals (SATs).
- Article 323-B: This empowers the Parliament or the appropriate State Legislature to provide for the establishment of tribunals for the adjudication of disputes relating to several other matters, such as taxation, foreign exchange, industrial and labour disputes, land reforms, etc.
Therefore, Articles 323-A and 323-B are the constitutional basis for the establishment of tribunals as instruments of administrative adjudication.