tribunal

Tribunals decide specialised disputes such as service matters (Central Administrative Tribunal), tax (ITAT), company and insolvency (NCLT), consumer and labour disputes. Article 323A allows Parliament to set up administrative tribunals for service matters, and Article 323B allows tribunals for other listed subjects.

Tribunals exercise judicial power but are not courts in the full constitutional sense. In L. Chandra Kumar the Supreme Court held that the High Courts' power of judicial review under Articles 226 and 227 is part of the basic structure and cannot be excluded; tribunal decisions are therefore subject to the High Court's writ jurisdiction.

Example

Decisions of the Central Administrative Tribunal can be challenged before a Division Bench of the High Court under Article 226.

In Indian law

• Articles 323A and 323B, Constitution of India
• L. Chandra Kumar v. Union of India, 1997 INSC 288: judicial review by High Courts over tribunals is part of the basic structure

See also

administrative tribunal · judicial review · basic structure doctrine

Read more in the study notes

• Administrative law: meaning, nature, scope, growth and sources (Administrative Law)
• Separation of powers and its bearing on administrative law (Administrative Law)
• Rule of law and droit administratif (Administrative Law)
• Classification of administrative action (Administrative Law)
• Judicial power of the administration: quasi-judicial functions and administrative adjudication (Administrative Law)
• The rule against bias (Administrative Law)