i. Administrative Tribunal
India is referred to as a Sovereign, Socialist, Secular, Democratic Republic in the Preamble of its Constitution. These components, in the opinion of our Constitution’s authors, were necessary to create an equitable society and a government based on welfarism.
Therefore, the foundation of the welfare state phenomenon is the administration of justice and the rule of law.
The government’s duties have multiplied phenomenally as a result of the acceptance of the welfare ideology, giving the executive incredible authority and boosting legislative productivity. More lawsuits have resulted as a result, as have limitations on people’s freedom and ongoing conflicts between them and the authorities.
- Part XIV-A, which consists of Articles 323A and 323B, was introduced into the Indian Constitution by the 42nd Amendment Act of 1976. which ultimately resulted in the creation of administrative tribunals.
- Article 323A: Establishes administrative tribunals to resolve disagreements and complaints over hiring practices, employment terms for those hired to work in the public sector, and other related issues.
- Article 323B: Provides for the establishment of Tribunals for the adjudication or prosecution of disputes, complaints, or offenses relating to taxes, foreign exchange, labor disputes, land reforms, urban property ceilings, elections to Parliament and State Legislatures, etc.
- Any law may be passed by Parliament by Article 323A, and State Legislatures may also pass laws by Article 323B if they have the necessary legislative authority.