Article 323A of the Constitution, inserted by the 42nd Amendment (1976), provides for:

Article 323A, inserted by the 42nd Amendment Act (1976) in a new Part (Part XIV-A, Tribunals), empowers Parliament to provide by law for the setting up of administrative tribunals to decide disputes and complaints relating to the recruitment and conditions of service of persons appointed to public services and posts.

The Administrative Tribunals Act, 1985:

• Parliament passed this Act under Article 323A.
• It provides for the Central Administrative Tribunal (CAT) and State Administrative Tribunals (SATs).
• The Central Administrative Tribunal was set up in 1985, with its principal bench in New Delhi and benches in various states.
• It deals with service matters of employees of the Central Government, and of certain other bodies.

Why administrative tribunals:

• Before the tribunals were set up, government employees had to go to the ordinary courts, which were overburdened and slow.
• The tribunals provide quick, cheap and specialised justice in service matters.
• They are less formal than ordinary courts, and are not bound by the strict rules of procedure of the Code of Civil Procedure.

Judicial review:

Originally, the Act excluded the jurisdiction of the High Courts over service matters.

In the L. Chandra Kumar case (1997), the Supreme Court held that the power of judicial review of the High Courts and the Supreme Court is part of the basic structure, and that appeals against the decisions of the tribunals would lie before a division bench of the High Court concerned.

Other tribunals (Article 323B):

Article 323B allows Parliament and the state legislatures to set up tribunals for other matters, such as taxation, foreign exchange, land reforms, food supply, and rent and tenancy rights.

Examples of other tribunals:

The National Green Tribunal (2010), the Income Tax Appellate Tribunal, and the Armed Forces Tribunal.

Why not the other options?

• ✗Election disputes, inter-state water disputes and family matters are dealt with by other bodies under other laws.