Q. Consider the following statements with reference to the difference between Article 323A and Article 323B of Indian Constitution:
1. Article 323A contemplates establishment of tribunals for public service matters only, while Article 323B contemplates establishment of tribunals for certain other matters also.
2. Tribunals under Article 323A can be established only by Parliament, whereas tribunals under Article 323B can be established both by Parliament and state legislatures.
3. There is a hierarchy of tribunals under Article 323A, whereas no hierarchy of tribunals can be created under Article 323B.
How many of the above given statements are correct?
Exp) Option b is the correct answer.
The 42nd Amendment Act of 1976 added a new Part XIV-A to the Constitution. This part is entitled ‘Tribunals’ and consists of only two Articles–Article 323 A and Article 323 B.
Statement 1 is correct: Article 323A contemplates establishment of tribunals for public service matters only, Article 323 B contemplates establishment of tribunals for certain other matters such as (Taxation (Foreign exchange, import and export (Industrial and labour (Land reforms, etc.
Statement 2 is correct: Tribunals under Article 323 A can be established only by the Parliament; tribunals under Article 323 B can be established both by Parliament and state legislatures with respect to matters falling within their legislative competence.
Statement 3 is incorrect: Under Article 323A, only one tribunal for the Centre and one for each state or two or more states may be established. There is no question of hierarchy of tribunals under Article 323A, whereas under Article 323B, a hierarchy of tribunals may be created. For example, there is hierarchy in form of appellate tribunal of respective tribunals such as Income Tax Appellate Tribunal (ITAT) and Securities Appellate Tribunal (SAT) etc.
