323A. Administrative tribunals.—
(1) Parliament may, by law, provide
for the adjudication or trial by administrative tribunals of disputes and
complaints with respect to recruitment and conditions of service of persons
appointed to public services and posts in connection with the affairs of the
Union or of any State or of any local or other authority within the territory of
India or under the control of the Government of India or of any corporation
owned or controlled by the Government.
(2) A law made under clause
(1) may—
(a) provide for the establishment of an administrative tribunal for the
Union and a separate administrative tribunal for each State or for two or
more States;
(b) specify the jurisdiction, powers (including the power to punish for
contempt) and authority which may be exercised by each of the said
tribunals;
(c) provide for the procedure (including provisions as to limitation
and rules of evidence) to be followed by the said tribunals;
(d) exclude the jurisdiction of all courts, except the jurisdiction of the
Supreme Court under article 136, with respect to the disputes or
complaints referred to in clause
(1);
(e) provide for the transfer to each such administrative tribunal of any
cases pending before any court or other authority immediately before the
establishment of such tribunal as would have been within the jurisdiction
of such tribunal if the causes of action on which such suits or
proceedings are based had arisen after such establishment;
(f) repeal or amend any order made by the President under clause
(3)
of article 371D;
(g) contain such supplemental, incidental and consequential
provisions (including provisions as to fees) as Parliament may deem
necessary for the effective functioning of, and for the speedy disposal of
cases by, and the enforcement of the orders of, such tribunals.
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1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 46 (w.e.f. 3-1-1977).
183
184 THE CONSTITUTION OF INDIA
(Part XIVA.—Tribunals)
(3) The provisions of this article shall have effect notwithstanding
anything in any other provision of this Constitution or in any other law for the
time being in force.
