Tribunals and the Articles 323A–323B framework

Speed and expertise come at the cost of executive control over appointments and tenure. That trade-off runs through every challenge to the tribunal framework. Articles 323A and 323B, inserted by the 42nd Amendment, 1976, authorise Parliament and State legislatures to establish tribunals for service matters and subjects including taxation, industrial disputes, and land reform, displacing ordinary courts at first instance. Each tribunal is created by its own statute; the Tribunals Reforms Act, 2021 consolidated appointment and service terms across them. L. Chandra Kumar (1997) held that High Court jurisdiction under Articles 226 and 227 cannot be excluded, preserving writ remedy over tribunal orders.

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