Tribunals under Article 323B
Also called: Article 323B · Topic: Justice Delivery: Subordinate Courts, Tribunals, Legal Aid and Judicial Reforms · NCERT: Beyond NCERT
Meaning
Article 323B was added by the 42nd Amendment (1976) in Part XIVA. It lets Parliament or a state legislature create tribunals for listed subjects:
- tax, foreign exchange, and labour disputes
- land reforms and urban land ceiling
- elections and foodstuffs
- rent and tenancy, added by the 75th Amendment (1994)
Unlike Article 323A, it allows a hierarchy of tribunals, meaning lower and higher levels of appeal.
Example
A state can pass its own law setting up a tribunal for rent and tenancy disputes, under Article 323B. After L. Chandra Kumar (1997), the High Court can still review such a tribunal's decisions.
Don't confuse with
- Administrative tribunals (Article 323A): only Parliament can create these, and only for the service matters of public servants.
Related concepts
- Administrative tribunal
- Central Administrative Tribunal
- State Administrative Tribunal
- S.P. Sampath Kumar case
- L. Chandra Kumar case