According to Article 323A, the Parliament has the authority to create administrative tribunals through legislation. In line with this, the Parliament enacted the Administrative Tribunals Act in 1985. This Act empowers the Central government to set up a Central Administrative Tribunal and state administrative tribunals for individual states.

• Objective: The Administrative Tribunals Act outlines its objective as- “It is anticipated that the establishment of such Administrative Tribunals, which exclusively handle service-related issues, will significantly alleviate the burden on various Courts, allowing them more time to efficiently address other cases while simultaneously offering swift resolution to those under the jurisdiction of the Administrative Tribunals regarding their grievances.” 
• Jurisdiction: Administrative tribunals handle issues and complaints related to the recruitment and service conditions of individuals appointed to public services at the Central level, state level, local bodies, public corporations, and other governmental entities. Consequently, Article 323A allows Parliament to transfer the resolution of service-related disputes from civil courts and high courts to administrative tribunals.

Central Administrative Tribunal  in India (CAT)

The Central Administrative Tribunal (CAT) was formed in 1985 in accordance with Article 323A of the Constitution. There are 19 Benches and 19 Circuit Benches of the Central Administrative Tribunal across India, with its main bench located in Delhi. The CAT  was set up as a specialist body comprising of Administrative Members and Judicial Members who by virtue of their specialised knowledge are better equipped to dispense speedy and effective justice.

• Composition: CAT is composed of a multi-member body featuring a chairman and other members. Currently, there are 69 members distributed across different Benches of the Tribunal, with 34 serving as Judicial Members and 35 as Administrative Members. 
• Jurisdiction: Depending on other provisions of the Act, each Bench comprises one Judicial Member and one Administrative Member. CAT’s jurisdiction is limited to service matters concerning parties defined by the Act, which includes all-India services, Central civil services, civil posts under the Centre, and civilian employees within the defense services. However, certain groups are notably excluded, such as members of the armed forces, officers and staff of the Supreme Court, and the secretarial personnel of Parliament. 
• Appointments: The appointment of members to CAT is based on the recommendations of a high-powered selection committee, which is chaired by a sitting Judge of the Supreme Court appointed by the Chief Justice of India. Appointments are finalized with the approval of the Appointments Committee of the Cabinet after consulting with the Chief Justice of India. Members of CAT serve a term of five years or until they reach the age of 62, whichever comes first. The age of retirement for the Chairman of CAT is set at 65 years. 
• Rules of Procedure: CAT is not obligated to follow the procedures established in the Civil Procedure Code of 1908. Instead, it adheres to the principles of natural justice. Appeals against CAT’s decisions are directed to the division bench of the relevant high court, meaning that a dissatisfied public servant must first approach the concerned high court before any appeal to the Supreme Court regarding CAT’s ruling.

State Administrative Tribunals in India (SAT)

The Administrative Tribunals Act of 1985 empowers the Central government to create State Administrative Tribunals at the specific request of State authorities. The SAT has original jurisdiction over the recruitment and various service matters related to State public servants. The President appoints the chairman and members of SATs after consulting with the respective state Governor.

Joint Administrative Tribunal in India (JAT)

The Administrative Tribunals Act of 1985 also allows for the establishment of a Joint Administrative Tribunal (JAT) for collaboration between two or more states. JAT holds all the jurisdictional powers granted to administrative tribunals for those states. The President appoints the chairman and members of a JAT after conferring with the governors of the involved states. 

Tribunals for Other Matters under Article 323B

Article 323B permits both Parliament and state legislatures to create tribunals for additional matters. The “other matters” specified in Article 323B(2) are subject to the legislative powers of the respective bodies. These matters entail establishing a tribunal for public service issues only:  

1. levy, assessment, collection and enforcement of any tax;
2. foreign exchange, import and export across customs frontiers;
3. industrial and labour disputes;
4. land reforms ;
5. ceiling on urban property;
6. elections to Parliament or State Legislature 
7. production, procurement, supply and distribution of foodstuffs.

Comparative Analysis of Article 323A and Article 323B

Tribunals play a crucial role in the Indian legal framework. They provide a specialised and efficient forum for dispute resolution, ease the burden on regular courts, and enhance the accountability of administrative bodies. By providing a faster, more accessible, and more informed resolution of disputes, tribunals contribute significantly to the rule of law in India.