---

Constitutional Basis

• Not in the original Constitution – Added by 42nd Amendment (on Swarn Singh Committee’s recommendation).
• Part XIV-A deals with Tribunals.

Article 323A – Administrative Tribunals

• Empowers Parliament to establish Administrative Tribunals for resolving disputes related to:
• Recruitment & service conditions of persons in Centre, State, public bodies, and corporations.
• Administrative Tribunals Act, 1985:
• Authorizes the Central Government to establish Central Administrative Tribunal (CAT) and State Administrative Tribunals (SAT).
• SAT is established by the Centre, but only on the request of a State Government.

Central Administrative Tribunal (CAT)

1. Jurisdiction:

• Covers All India Services (AIS), Central Civil Services, and civilian employees of defense services.
• Exemptions:
  • Defense forces
  • Supreme Court officers
  • Secretarial staff of Parliament

1. Composition:

• 1 Chairman + 65 Members (both Judicial & Administrative).

1. Appointment:

• By the President, based on:
  • Recommendation of a Committee (including a sitting Supreme Court judge).
  • Concurrence of Chief Justice of India (CJI).
  • Approval of the Appointments Committee.

1. Term:

• Chairman → 5 years or till 65 years of age (whichever is earlier).
• Members → 5 years or till 62 years of age.

1. Procedure:

• Guided by Natural Justice (NOT bound by the Civil Procedure Code, 1908).

State Administrative Tribunal (SAT)

• Established by the Central Government, but only on the request of a State Government.
• Members appointed by the President in consultation with the Governor.

Joint Administrative Tribunal (JAT)

• For two or more states.

Article 323B – Tribunals for Other Matters

• Established by both Parliament and State Legislatures.
• Deals with:

1. Taxation
2. Land Reforms
3. Industrial and Labour Disputes
4. Elections to Parliament & State Legislatures
5. Rent & Tenancy Rights
6. Food Security Issues

• Differences from CAT:

1. Covers wider subjects beyond service matters.
2. Can be established by both Centre & States.
3. Hierarchy of Tribunals exists.

Finance Act, 2017

• Empowers the Central Government to make rules regarding:
• Qualifications, appointments, tenure, salaries, and removal of Tribunal members.
• Allows the Centre to amend the list of Tribunals.

---

SPECIAL PROVISIONS FOR CERTAIN CLASSES

Scheduled Castes (SCs) & Scheduled Tribes (STs)

• Article 341 & 342:
• President declares castes and tribes in each State/UT as SCs & STs.
• Only Parliament can modify or amend the list (NOT the President).

Backward Classes

• No uniform constitutional definition; various articles mention different terms:
• Article 15 – Socially & Educationally Backward Citizens.
• Article 16 – Backward Classes of Citizens.
• Article 46 – Weaker Sections of Society.
• Article 30 – Socially & Educationally Backward Citizens (in context of minorities).

Reservation Sunset Clause

• Article 334:
• Reservation for SCs & STs in Lok Sabha & State Assemblies was originally for 10 years.
• Extended multiple times via amendments.

---