Tribunals under Article 323B

Polity & Governance glossary

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

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