Tribunals are a small polity topic with a fixed set of answers - which articles brought them in, which amendment added them, which tribunal handles which subject, and where each one sits. This post covers Articles 323A and 323B, the 42nd Amendment that inserted them, the difference between a tribunal and a court, and the main tribunals with their subjects and headquarters, followed by 15 previous year questions.
Key Points (Quick Revision)
- Tribunals were added by the 42nd Constitutional Amendment Act, 1976, as Part XIVA
- Article 323A - administrative tribunals (only Parliament can make the law)
- Article 323B - tribunals for other matters (Parliament and state legislatures both)
- CAT was set up in 1985 for central government service matters; headquarters New Delhi
- NGT was set up in 2010 for environmental cases; principal bench New Delhi
1. Why tribunals exist, and how they differ from courts
A tribunal is a quasi-judicial body set up to decide disputes in a specific field - service matters, tax, environment, company law. The reason they exist is practical: the regular courts were overloaded, and many of these disputes need technical knowledge that a general judge may not have.
The differences from a court are what questions test:
| Basis | Court | Tribunal |
|---|---|---|
| Jurisdiction | General - all kinds of cases | Specific subject only |
| Members | Judges | Judicial and technical or expert members |
| Procedure | Bound by the strict rules of evidence and procedure | Guided by natural justice, simpler procedure |
| Created by | The Constitution or a statute | A statute made under Article 323A or 323B |
One point is asked repeatedly and is often answered wrongly. Tribunals are not outside judicial review. The Supreme Court has held that the power of judicial review of the High Courts and the Supreme Court is part of the basic structure, so an appeal or writ against a tribunal's order can still go to the High Court - a clause excluding that was struck down in the L. Chandra Kumar case (1997).
2. Articles 323A and 323B - the difference that gets tested
Both articles were inserted into the Constitution as Part XIVA by the 42nd Constitutional Amendment Act, 1976. They look similar and are constantly swapped in options, so learn them as a contrast rather than one by one.
| Basis | Article 323A | Article 323B |
|---|---|---|
| Subject | Administrative tribunals - public service matters only | Other matters - tax, foreign exchange, industrial and labour disputes, land reforms, elections, food, rent and more |
| Who can make the law | Only Parliament | Parliament and state legislatures |
| Hierarchy | Only two levels - central and state | A hierarchy of tribunals may be created |
The cleanest way to hold the difference: 323A is about government servants and only Parliament can legislate on it; 323B covers everything else and states can legislate too.
Under Article 323A, Parliament enacted the Administrative Tribunals Act, 1985, which created the Central Administrative Tribunal and allows State Administrative Tribunals to be set up at a state's request.
3. The tribunals exams ask about
| Tribunal | Subject | Set up | Headquarters |
|---|---|---|---|
| CAT - Central Administrative Tribunal | Service matters of central government employees | 1985 | New Delhi |
| NGT - National Green Tribunal | Environmental protection and forest conservation cases | 2010 | New Delhi (principal bench) |
| NCLT - National Company Law Tribunal | Company law disputes, insolvency under the IBC | 2016 | New Delhi |
| ITAT - Income Tax Appellate Tribunal | Appeals in income tax matters | 1941 | Mumbai |
| AFT - Armed Forces Tribunal | Service matters and court martial appeals of armed forces personnel | 2009 | New Delhi |
| TDSAT | Telecom disputes | 2000 | New Delhi |
Two of these carry extra detail worth knowing.
The NGT was created by the National Green Tribunal Act, 2010, making India one of the early countries with a dedicated environmental court. It is required to dispose of cases within six months of filing, it applies principles such as sustainable development, the precautionary principle and the polluter pays principle, and its benches sit at New Delhi, Bhopal, Pune, Kolkata and Chennai.
The ITAT is the oldest of the group, set up in 1941, well before the Constitution - a fact that makes it a favourite question, since candidates assume every tribunal came after 1976.
Alongside these sit bodies that are often confused with tribunals but are not: the Finance Commission and the Election Commission are constitutional bodies, and the NHRC and Lokpal are statutory bodies with their own roles.
4. Previous year questions
- Which Part of the Constitution deals with tribunals? — Part XIVA
- Tribunals were added to the Constitution by which amendment? — 42nd Amendment Act, 1976
- Which Article provides for administrative tribunals? — Article 323A
- Which Article provides for tribunals for other matters? — Article 323B
- Under Article 323A, who can make the law? — Only Parliament
- Under which Act was the CAT established? — Administrative Tribunals Act, 1985
- What does CAT deal with? — Service matters of central government employees
- In which year was the National Green Tribunal established? — 2010
- Where is the principal bench of the NGT located? — New Delhi
- Within how much time is the NGT required to dispose of cases? — Six months
- Which tribunal deals with company law and insolvency matters? — NCLT
- Which is the oldest tribunal in India? — Income Tax Appellate Tribunal, 1941
- Which tribunal hears appeals of armed forces personnel? — Armed Forces Tribunal
- In which case did the Supreme Court hold that judicial review over tribunals cannot be excluded? — L. Chandra Kumar case, 1997
- Are tribunals bound by the strict rules of the Code of Civil Procedure? — No, they follow the principles of natural justice
5. How to revise this topic
Learn the two articles as a pair, because that is how they are asked. 323A is services and Parliament only; 323B is everything else and states may legislate too. If you can say those two lines, most of the article-based questions answer themselves.
Then keep the tribunal table as four columns - name, subject, year, headquarters. The years are the part candidates forget, so write them in one line: 1941, 1985, 2000, 2009, 2010, 2016. Note that the oldest is the ITAT, which came before the Constitution itself.
Give the NGT a few extra minutes, because it is asked more than the rest put together - year, six-month limit, principal bench, and the three principles it applies.
Finally, keep the court-versus-tribunal contrast in four lines, and remember the one conclusion that questions like to reverse: a tribunal's order is not beyond the reach of the High Court, because judicial review is part of the basic structure.
6. Frequently Asked Questions
What is the difference between Article 323A and Article 323B?
Article 323A allows tribunals only for public service matters, and only Parliament can make that law. Article 323B covers other matters such as tax, elections, land reforms and industrial disputes, and both Parliament and state legislatures can legislate on it.
Which amendment introduced tribunals in the Constitution?
The 42nd Constitutional Amendment Act, 1976, which inserted Part XIVA containing Articles 323A and 323B.
What is the difference between a court and a tribunal?
A court has general jurisdiction, is staffed by judges and follows strict rules of procedure and evidence. A tribunal handles one specific subject, includes technical or expert members alongside judicial ones, and follows the principles of natural justice with a simpler procedure.
Can a tribunal's decision be challenged in a High Court?
Yes. In the L. Chandra Kumar case of 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, so it cannot be excluded for tribunals.
Which is the oldest tribunal in India?
The Income Tax Appellate Tribunal, set up in 1941 with its headquarters at Mumbai. It predates the Constitution, which is why it is a frequent question when candidates assume all tribunals followed the 42nd Amendment.
For more Polity topics in simple language, see our Important Constitutional Bodies and High Courts and the Indian Judiciary posts, or browse the Polity section. Preparing for a specific exam? Start with the UPSC CSE guide or join the 100 Hour GS Course.