Question:
The Constitution of India has recognized the concept of tribunals as instruments of quasi-judicial administrative adjudication
The Constitution of India has recognized the concept of tribunals as instruments of quasi-judicial administrative adjudication
Show Hint
Remember that Part XIV-A (Tribunals) was added by the 42nd Amendment. This amendment is also called the 'Mini-Constitution' due to the large number of changes it made. Associating tribunals with the 42nd Amendment can help you recall the relevant articles.
Updated On: Oct 30, 2025
- Art.39(a) and 39(b)
- Art.323A and 323-B
- Art.368
- Art.202A and 202B
Show Solution
Verified By Collegedunia
The Correct Option is B
Solution and Explanation
Step 1: Understanding the Concept:
Tribunals are quasi-judicial bodies established to provide specialized and speedy adjudication in specific areas, thereby reducing the burden on traditional courts. The Indian Constitution was amended to explicitly provide for the establishment of tribunals.
Step 2: Detailed Explanation:
The provisions for tribunals were not part of the original Constitution. They were inserted by the 42nd Amendment Act, 1976, which added a new Part XIV-A titled 'Tribunals'.
This part consists of two articles:
- Article 323-A: This empowers the Parliament to provide for the establishment of administrative tribunals for the adjudication of disputes relating to recruitment and conditions of service of persons appointed to public services. This led to the creation of the Central Administrative Tribunal (CAT) and State Administrative Tribunals (SATs).
- Article 323-B: This empowers the Parliament or the appropriate State Legislature to provide for the establishment of tribunals for the adjudication of disputes relating to several other matters, such as taxation, foreign exchange, industrial and labour disputes, land reforms, etc.
Therefore, Articles 323-A and 323-B are the constitutional basis for the establishment of tribunals as instruments of administrative adjudication.
Tribunals are quasi-judicial bodies established to provide specialized and speedy adjudication in specific areas, thereby reducing the burden on traditional courts. The Indian Constitution was amended to explicitly provide for the establishment of tribunals.
Step 2: Detailed Explanation:
The provisions for tribunals were not part of the original Constitution. They were inserted by the 42nd Amendment Act, 1976, which added a new Part XIV-A titled 'Tribunals'.
This part consists of two articles:
- Article 323-A: This empowers the Parliament to provide for the establishment of administrative tribunals for the adjudication of disputes relating to recruitment and conditions of service of persons appointed to public services. This led to the creation of the Central Administrative Tribunal (CAT) and State Administrative Tribunals (SATs).
- Article 323-B: This empowers the Parliament or the appropriate State Legislature to provide for the establishment of tribunals for the adjudication of disputes relating to several other matters, such as taxation, foreign exchange, industrial and labour disputes, land reforms, etc.
Therefore, Articles 323-A and 323-B are the constitutional basis for the establishment of tribunals as instruments of administrative adjudication.
Was this answer helpful?
0
0
Top AIBE Legal Studies Questions
- The concept of freedom of trade and commerce mentioned in the Indian Constitution is motivated from the experience of the following country?
- Which of the following writ is issued to enforce the performance of public duties by the authority?
- Which of the following Constitutional Amendment Act had made the provision for publishing Hindi Translation of the Constitution?
- Which of the following is the landmark judgment on the Colourable legislation?
- Which of the following Constitutional Amendment Act was passed in light of the advisory opinion received in Re Berubari case?
View More Questions
Top AIBE Administrative Law Questions
- In which of the following landmark case it was held that Principles of Natural Justice were applicable not only to judicial and quasi-judicial functions, but also to administrative functions?
- In which of the following judgment did the Supreme Court comprehensively reconsider S.P. Sampath Kumar v Union of India case?
- Who among the following defined administrative law as ‘the law relating to the control of governmental power’?
- In which case did a prison inmate send a letter to the Supreme Court, describing physical torture, which became a pioneer in public interest litigation?
- In the early 1980s, a social activist group discovered severe exploitation of labourers working in stone quarries near Delhi. The workers, including many children, were working in extremely hazardous conditions, living in makeshift shelters, and were effectively trapped in a cycle of debt and forced labour. The conditions revealed systematic violations of fundamental human rights. The Supreme Court was approached to look into the dire circumstances of the working persons there and one of the following views of the Court was sustained in the said case, identify from the following:
View More Questions
Top AIBE Questions
- The concept of freedom of trade and commerce mentioned in the Indian Constitution is motivated from the experience of the following country?
- Which of the following writ is issued to enforce the performance of public duties by the authority?
- Which of the following Constitutional Amendment Act had made the provision for publishing Hindi Translation of the Constitution?
- Which of the following is the landmark judgment on the Colourable legislation?
- Which of the following Constitutional Amendment Act was passed in light of the advisory opinion received in Re Berubari case?
View More Questions