Question

Which provision of the Constitution talks about setting up of Administrative Tribunals.

• A. Art 323B
• B. Art 323 A
• C. Art 353
• D. Art 245

Hint:

In L. Chandra Kumar v. Union of India (1997), the Supreme Court held that the decisions of these tribunals are subject to the writ jurisdiction of the High Courts under Article 226.

Answer 1

The Correct Option is B

Step 1: Understanding the Question:
The question asks for the specific constitutional provision that empowers Parliament to establish Administrative Tribunals to resolve disputes regarding public service conditions.

Step 2: Key Concepts and Approach:
We need to look at Part XIV-A of the Constitution, which was added by the 42nd Amendment Act in 1976.
We must differentiate between the scope of Article 323A and Article 323B.

Step 3: Detailed Explanation:

• Part XIV-A (Tribunals): This part was introduced to reduce the burden on civil courts and expedite disputes concerning public services and other matters.

• Article 323A: This article deals exclusively with Administrative Tribunals (for resolving disputes regarding the recruitment and conditions of service of persons appointed to public services under the Union or States). Thus, Option B is correct.

• Article 323B: This article deals with tribunals for other matters, such as taxation, foreign exchange, land reforms, labor disputes, and foodstuff.

• Exclusivity of 323A: While Article 323B allows both Parliament and State Legislatures to set up tribunals, Article 323A empowers *only* Parliament to set up administrative tribunals.

Step 4: Final Answer:
The provision that specifically deals with setting up Administrative Tribunals is Article 323A. Therefore, Option B is correct.