102 lines
5.2 KiB
Plaintext
102 lines
5.2 KiB
Plaintext
PART XIVA
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TRIBUNALS
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323A. Administrative tribunals.—(1) Parliament may, by law, provide
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for the adjudication or trial by administrative tribunals of disputes and
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complaints with respect to recruitment and conditions of service of persons
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appointed to public services and posts in connection with the affairs of the
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Union or of any State or of any local or other authority within the territory of
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India or under the control of the Government of India or of any corporation
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owned or controlled by the Government.
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(2) A law made under clause (1) may—
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(a) provide for the establishment of an administrative tribunal for the
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Union and a separate administrative tribunal for each State or for two or
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more States;
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(b) specify the jurisdiction, powers (including the power to punish for
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contempt) and authority which may be exercised by each of the said
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tribunals;
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(c) provide for the procedure (including provisions as to limitation
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and rules of evidence) to be followed by the said tribunals;
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(d) exclude the jurisdiction of all courts, except the jurisdiction of the
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Supreme Court under article 136, with respect to the disputes or
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complaints referred to in clause (1);
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(e) provide for the transfer to each such administrative tribunal of any
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cases pending before any court or other authority immediately before the
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establishment of such tribunal as would have been within the jurisdiction
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of such tribunal if the causes of action on which such suits or
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proceedings are based had arisen after such establishment;
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(f) repeal or amend any order made by the President under clause (3)
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of article 371D;
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(g) contain such supplemental, incidental and consequential
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provisions (including provisions as to fees) as Parliament may deem
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necessary for the effective functioning of, and for the speedy disposal of
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cases by, and the enforcement of the orders of, such tribunals.
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159
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160
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THE CONSTITUTION OF INDIA
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(3) The provisions of this article shall have effect notwithstanding
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anything in any other provision of this Constitution or in any other law for the
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time being in force.
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323B. Tribunals for other matters.— (1) The appropriate Legislature
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may, by law, provide for the adjudication or trial by tribunals of any disputes,
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complaints, or offences with respect to all or any of the matters specified in
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clause (2) with respect to which such Legislature has power to make laws.
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(2) The matters referred to in clause (1) are the following, namely:—
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(a) levy, assessment, collection and enforcement of any tax;
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(b) foreign exchange, import and export across customs frontiers;
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(c) industrial and labour disputes;
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(d) land reforms by way of acquisition by the State of any estate as
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defined in article 31A or of any rights therein or the extinguishment or
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modification of any such rights or by way of ceiling on agricultural land
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or in any other way;
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(e) ceiling on urban property;
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(f) elections to either House of Parliament or the House or either
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House of the Legislature of a State, but excluding the matters referred to
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in article 329 and article 329A;
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(g) production, procurement, supply and distribution of food-stuffs
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(including edible oilseeds and oils) and such other goods as the President
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may, by public notification, declare to be essential goods for the purpose
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of this article and control of prices of such goods;
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(h) rent, its regulation and control and tenancy issues including the
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right, title and interest of landlords and tenants;
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(i) offences against laws with respect to any of the matters specified
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in sub-clauses (a) to (h) and fees in respect of any of those matters;
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(j) any matter incidental to any of the matters specified in sub-clauses
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(a) to (i).
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(3) A law made under clause (1) may—
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(a) provide for the establishment of a hierarchy of tribunals;
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161
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THE CONSTITUTION OF INDIA
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(b) specify the jurisdiction, powers (including the power to punish for
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contempt) and authority which may be exercised by each of the said
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tribunals;
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(c) provide for the procedure (including provisions as to limitation
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and rules of evidence) to be followed by the said tribunals;
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(d) exclude the jurisdiction of all courts, except the jurisdiction of the
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Supreme Court under article 136, with respect to all or any of the matters
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falling within the jurisdiction of the said tribunals;
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(e) provide for the transfer to each such tribunal of any cases pending
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before any court or any other authority immediately before the
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establishment of such tribunal as would have been within the jurisdiction
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of such tribunal if the causes of action on which such suits or
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proceedings are based had arisen after such establishment;
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(f) contain such supplemental, incidental and consequential
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provisions (including provisions as to fees) as the appropriate
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Legislature may deem necessary for the effective functioning of, and for
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the speedy disposal of cases by, and the enforcement of the orders of,
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such tribunals.
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(4) The provisions of this article shall have effect notwithstanding
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anything in any other provision of this Constitution or in any other law for the
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time being in force.
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Explanation.—In this article, “appropriate Legislature”, in relation to an
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y
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matter, means Parliament or, as the case may be, a State Legislature competent
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to make laws with respect to such matter in accordance with the provisions of
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Part XI.
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