What is India's international treaty status regarding the United Nations Convention Against Torture (UNCAT, 1987)?

Signed in 1997 but not yet ratified

The Law Commission of India, in its 273rd Report (2017) titled 'Implementation of UNCAT through Legislation', recommended the enactment of:

The Prevention of Torture Bill, 2017

The Custodial Violence Act, 2017

The Human Rights Enforcement Bill, 2017

In S.P. Sampath Kumar v. Union of India (1987) 1 SCC 124, the Supreme Court introduced the 'Theory of Alternative Institutional Mechanism', holding that:

Parliament can exclude High Court jurisdiction under Article 226 over service matters only if an equally effective and efficacious alternative judicial forum (Administrative Tribunal) is created

Tribunals can completely replace the Supreme Court

Judicial review can be totally extinguished by statute

Service matters cannot be adjudicated by tribunals

In L. Chandra Kumar v. Union of India (1997) 3 SCC 261, a 7-Judge Constitution Bench declared that:

The power of judicial review under Articles 226/227 (High Courts) and Article 32 (Supreme Court) is an integral part of the Basic Structure; hence, decisions of Administrative Tribunals (CAT/SAT) are subject to scrutiny by a Division Bench of the High Court

Parliament can completely exclude High Court jurisdiction under Article 323A

Tribunals have sovereign judicial immunity

Appeals from CAT lie only and directly to the Supreme Court

Under Part XIVA of the Constitution of India (inserted by 42nd Amendment, 1976), how are Articles 323A and 323B differentiated regarding the creation of Tribunals?

Article 323A empowers ONLY Parliament by law to establish Administrative Tribunals (CAT and State ATs) exclusively for public service disputes, whereas Article 323B empowers BOTH Parliament and State Legislatures to establish tribunals for other specific matters (taxation, foreign exchange, land reforms, industrial disputes)

Article 323A applies to High Courts and 323B to Supreme Court

Article 323B can only be enacted by the President

Both Articles are identical in scope

The Central Administrative Tribunal (CAT) for adjudicating recruitment and service condition disputes of Union civil servants was established under the Administrative Tribunals Act, 1985 pursuant to which constitutional Article?

Article 323A of the Constitution of India (inserted by 42nd Amendment, 1976)

Under Article 323B of the Constitution of India, the appropriate Legislature may establish specialized tribunals for the adjudication of disputes relating to:

Levy and collection of taxes, foreign exchange, industrial/labour disputes, land reforms, ceiling on urban property, and elections to Parliament/State Legislatures

Armed forces disciplinary proceedings only

Inter-state river water disputes only

Criminal appeals from Sessions Courts

In L. Chandra Kumar v. Union of India (1997) 3 SCC 261, a 7-Judge Constitution Bench declared clause 2(d) of Article 323A and clause 3(d) of Article 323B unconstitutional because:

They excluded the jurisdiction of High Courts under Articles 226/227 and the Supreme Court under Article 32, which forms an inviolable part of the Basic Structure of the Constitution

Tribunals cannot take evidence on oath

Tribunal members are not paid from the Consolidated Fund

Administrative tribunals violate the principle of federalism

Following the landmark ruling in L. Chandra Kumar v. Union of India (1997), all decisions of the Central Administrative Tribunal (CAT) are subject to judicial scrutiny before:

A Division Bench of the concerned High Court under Article 226/227 before approaching the Supreme Court under Article 136

Direct appeal to the Supreme Court only

A single judge of the District Court

Regarding the constitutional framework governing Tribunals under Part XIVA (Articles 323A and 323B, inserted by the 42nd Amendment Act, 1976):

ARTICLE 323A empowers PARLIAMENT ALONE to establish Administrative Tribunals (CAT and SATs) for public service disputes; whereas ARTICLE 323B empowers BOTH Parliament and State Legislatures to establish tribunals for other subjects (taxation, foreign exchange, industrial disputes, land reforms, elections to local bodies)

Article 323A allows State Legislatures to establish CAT

Both Articles empower the Supreme Court to establish tribunals

Article 323B applies only to the armed forces

📖 Constitution of India•🎯 10 Practice MCQs

Part XIVA: Tribunals (Articles 323A–323B)

Chapter-wise objective questions with statutory bare act articles, landmark Supreme Court case laws, and past judicial service citations.

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Part XIVA: Tribunals (Articles 323A–323B) • 10 Questions

📚 Chapter Practice Coverage

This practice module for Part XIVA: Tribunals (Articles 323A–323B) contains 10 Multiple Choice Questions tailored for State Judicial Service Preliminary Examinations (including UP PCS-J, Delhi Judicial Service, Bihar Judiciary, MP Judiciary, Rajasthan Judicial Service), CLAT LL.M, All India Bar Examination (AIBE), and UGC-NET Law.

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