Article 323 B gives list of tribunals for other matters

Q.  Parliament and State Legislatures can establish tribunals for adjudicating disputes relating to which of the following matters?

1) Taxation.
2) Insurance.
3) Consumer complaints.
4) Rent and tenancy rights.

- Published on 16 Mar 17

a. 1 and 4
b. 2 and 3
c. 1 and 3
d. All of the above

ANSWER: 1 and 4
    Under Article 323B, the Parliament and the State Legislatures are authorized to provide for the establishment of tribunals for the adjudication of disputes relating to the following matters -

    1. Taxation.

    2. Foreign exchange, import and export.

    3. Industrial and labor.

    4. Land reforms.

    5. Ceiling on urban property.

    6. Elections to Parliament and State Legislatures.

    7. Food stuffs.

    8. Rent and tenancy rights (added by 75th Amendment Act of 1993).

    Articles 323 A and 323 B differs in the following aspects -

    1. While Article 323 A contemplates establishment of tribunals for public service matters only, Article 323 B contemplates establishment of tribunals for certain other matters (mentioned above).

    2. While tribunals under Article 323 A can be established only by Parliament, tribunals under Article 323 B can be established both by Parliament and State Legislatures with respect to matters falling within their legislative competence.

    3. Under Article 323 A, 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, whereas under Article 323 B a hierarchy of tribunals may be created.

  • In Chandra Kumar case4 (1997), the Supreme Court declared those provisions of these two articles which excluded the jurisdiction of the High Courts and the Supreme Court as unconstitutional.

  • Hence, the judicial remedies are now available against the orders of these tribunals.

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