Tribunals: What are they? What distinguishes Article 323A of the Indian Constitution from Article 323B? (Answer in 200 words)
In India, the Constitution is the “supreme law of the land” and there is nothing beyond it . It places effective restrictions on the authority of the state in the interest of the individual’s liberty. With the absence of the constitution, constitutional disputes between different branches of the govRead more
In India, the Constitution is the “supreme law of the land” and there is nothing beyond it . It places effective restrictions on the authority of the state in the interest of the individual’s liberty.
With the absence of the constitution, constitutional disputes between different branches of the government cannot be resolve. Thus, effective decision making and the continuity of political struggle can only ensured with its presence.
It reflects the expresses the ideals and aspirations of the people . These provisions are reflected in the preamble , oaths and mottos, and other symbols that are defined in our Constitution.
Therefore, a democratic nation like India needs a Constitution for the doctrine of limited government and to safeguard the rule of law .
Tribunals are specialized judicial bodies established to adjudicate disputes & perform judicial functions in specific areas of law. They are created to ease the burden on regular courts, provide expertise in specialized matters, and ensure quicker resolution of disputes. Article 323A vs. ArticleRead more
Tribunals are specialized judicial bodies established to adjudicate disputes & perform judicial functions in specific areas of law. They are created to ease the burden on regular courts, provide expertise in specialized matters, and ensure quicker resolution of disputes.
Article 323A vs. Article 323B of the Indian Constitution
Article 323A: Administrative Tribunals
This article provides for the establishment of tribunals for the adjudication of disputes and complaints related to the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or any State.
Enabling Law: Parliament has the exclusive power to enact a law for the establishment of these tribunals.
Single Subject Focus: It deals specifically with matters of public service employment.
eg:- The Central Administrative Tribunal (CAT), which deals with disputes related to the service matters of central government employees.
Article 323B: Tribunals for Other Matters
This article allows for the establishment of tribunals to adjudicate disputes in various other matters such as taxation, foreign exchange, industrial and labor disputes, land reforms, and others.
Enabling Law: Both Parliament and State Legislatures have the power to enact laws for the establishment of these tribunals.
Multiple Subject Focus: It covers a wider range of subjects beyond just public service employment.
eg:- Income Tax Appellate Tribunal (ITAT) for tax disputes, Industrial Tribunals for labor disputes.
Key Differences
1. Subject Matter:
Article 323A: Focuses exclusively on disputes related to public service employment.
Article 323B: Encompasses a variety of matters including taxation, labor disputes, land reforms, and more.
2. Legislative Authority:
Article 323A: Only Parliament can legislate for the establishment of these tribunals.
Article 323B: Both Parliament and State Legislatures can legislate for the establishment of these tribunals.
3. Breadth of Coverage:
Article 323A: Narrow focus on public service employment.
Article 323B: Broad focus, covering multiple subjects.
By setting up tribunals under these articles, the Indian Constitution aims to ensure specialized and efficient resolution of disputes in various domains, thereby relieving the burden on the traditional judicial system and ensuring timely justice.
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