BharatNotes What is Administrative Tribunals?
Administrative Tribunals are specialised quasi-judicial bodies set up to resolve disputes concerning the recruitment and service conditions of government employees. They were given a constitutional foundation by the 42nd Constitutional Amendment Act, 1976, which inserted Part XIV-A containing Article 323A (administrative tribunals) and Article 323B (tribunals for other matters such as taxation, foreign exchange, industrial and labour disputes, land reforms and elections).
Acting on Article 323A, Parliament enacted the Administrative Tribunals Act, 1985, which came into force on 1 November 1985. The Act created the Central Administrative Tribunal (CAT) for central government employees and enabled State Administrative Tribunals (SATs) on a state's request, as well as Joint Administrative Tribunals for two or more states.
Key Features
| Feature | Detail |
|---|---|
| Constitutional source | Article 323A (42nd Amendment, 1976) |
| Parent statute | Administrative Tribunals Act, 1985 (in force 1-Nov-1985) |
| Who can create | Art. 323A — only Parliament; Art. 323B — Parliament and State Legislatures |
| Principal Bench | New Delhi |
| Coverage | Recruitment and service matters of central and state public servants |
| Excluded persons | Members of the armed forces, officers/servants of the Supreme Court, and staff of Parliament's secretariats |
| Bench composition | Judicial and administrative members; headed by a Chairman |
CAT operates through a Principal Bench at New Delhi and regular benches across major cities, supplemented by circuit sittings (the precise number of regular and circuit benches is administered by CAT and revised periodically).
Judicial Review: The L. Chandra Kumar Test
The 1985 Act originally barred High Court jurisdiction over tribunal decisions, allowing appeals only to the Supreme Court. In L. Chandra Kumar v. Union of India (1997), the Supreme Court held that judicial review under Articles 226/227 (High Courts) and Article 32 (Supreme Court) is part of the basic structure and cannot be excluded. Consequently, tribunal orders are now appealable first to a Division Bench of the relevant High Court, before reaching the Supreme Court. Tribunals may review administrative action but cannot adjudicate the validity of legislation.
Current Status
The Tribunals Reforms Act, 2021 sought to standardise tenure (four years) and conditions of service across tribunals and abolished several appellate tribunals. In Madras Bar Association v. Union of India (decided 19 November 2025), a Supreme Court bench led by CJI B.R. Gavai struck down key provisions — including the four-year tenure and the minimum-age-of-50 norm — as violating separation of powers and judicial independence. The Court directed the Union to establish a National Tribunals Commission within four months and held that, until fresh legislation is passed, earlier Madras Bar Association directions on tenure, age and selection will govern (as of the Nov-2025 judgment).
UPSC Angle
Focus on the 323A vs 323B distinction, the L. Chandra Kumar safeguard, and the recurring tension between speedy specialised justice and judicial independence. The 2021 Act and its 2025 striking-down make tribunal reform a live GS2 and current-affairs topic.
Don't confuse: Article 323A (service matters, Parliament only) with Article 323B (other matters, Centre and States).
