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Practice paper — Constitution Part XIVA — Tribunals
10 questions · answer key at the end · no time limit
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1.Under Article 323A, administrative tribunals may be provided to adjudicate disputes and complaints concerning which of the following?
- (A) Criminal offences committed by public servants
- (B) Taxation disputes between the Union and States
- (C) Recruitment and conditions of service of persons appointed to public services and posts
- (D) Private property disputes between citizens
2.Who is empowered by Article 323A to provide, by law, for adjudication or trial by administrative tribunals?
- (A) Parliament
- (B) The President
- (C) A State Governor
- (D) High Courts
3.If Parliament enacts a law under Article 323A creating administrative tribunals for service disputes, what does clause (2)(d) permit regarding the jurisdiction of courts?
- (A) It requires all courts, including the Supreme Court, to retain jurisdiction over those disputes
- (B) It may exclude the jurisdiction of all courts except the Supreme Court under Article 136
- (C) It allows only subordinate courts to be excluded but not High Courts
- (D) It excludes courts' jurisdiction only with the prior approval of the President
4.Which of the following powers may Parliament specify for administrative tribunals under Article 323A(2)(b)?
- (A) Power to adjudicate disputes under international treaties
- (B) Power to amend the Constitution
- (C) Power to try criminal cases punishable with imprisonment
- (D) Power to punish for contempt (among other jurisdiction and powers)
5.What is the legal effect of clause (3) of Article 323A?
- (A) The provisions of Article 323A shall have effect notwithstanding anything in any other provision of the Constitution or any other law, giving those provisions precedence
- (B) Tribunal laws under Article 323A must not conflict with any other constitutional provision
- (C) Article 323A preserves the jurisdiction of all courts over service disputes
- (D) Article 323A applies only if other laws expressly permit it
6.In Article 323B, what does the term "appropriate Legislature" mean?
- (A) Only the Parliament
- (B) Only the State Legislature
- (C) Parliament or, as the case may be, a State Legislature competent to make laws with respect to the matter in accordance with Part XI
- (D) Any legislative body designated by the President
7.Which of the following subjects is explicitly listed in clause (2) of Article 323B as a matter for which tribunals may be provided?
- (A) Rent, its regulation and control and tenancy issues
- (B) Criminal law and procedure generally
- (C) Forest conservation and wildlife protection
- (D) Defence of India and military matters
8.Article 323B(3)(d) allows a tribunal law to exclude the jurisdiction of all courts except the Supreme Court under Article 136. If a law purports to exclude review by the Supreme Court under Article 136 as well, which of the following is correct?
- (A) Such exclusion is valid if the law expressly states it
- (B) Such exclusion is not permitted because clause (3)(d) preserves the Supreme Court's jurisdiction under Article 136
- (C) Such exclusion is permitted only if both Houses of Parliament approve a resolution
- (D) Such exclusion is valid only for tribunals constituted for tax matters
9.Under Article 323B(3)(e), what can a law establishing tribunals provide regarding cases that were pending immediately before the tribunal's establishment?
- (A) All pending cases must be dismissed for lack of jurisdiction
- (B) Pending cases must be retried only after fresh suits are filed
- (C) Pending cases can be transferred to a court in a different State but not to the new tribunal
- (D) Transfer to the tribunal of cases pending before any court or other authority that would have been within the tribunal's jurisdiction had the causes of action arisen after establishment
10.Which statement best describes who may create tribunals for the matters listed in clause (2) of Article 323B?
- (A) Any State Legislature may create tribunals for all matters listed in clause (2) irrespective of legislative competence
- (B) Only Parliament may create tribunals for matters listed in clause (2)
- (C) The Parliament or, as the case may be, a State Legislature competent to make laws with respect to the matter under Part XI may, by law, provide for such tribunals
- (D) Tribunals for the matters in clause (2) can be created only by constitutional amendment
Answer key
1. C2. A3. B4. D5. A6. C7. A8. B9. D10. C
Explanations
- 1. (C) Clause (1) of Article 323A expressly authorises Parliament to provide for adjudication by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts. The text does not mention criminal, tax or private property disputes.
- 2. (A) Article 323A(1) begins with "Parliament may, by law, provide for the adjudication or trial by administrative tribunals...", so it is Parliament that is empowered to enact such laws. The provision does not vest that initiating power in the President, Governors or High Courts.
- 3. (B) Clause 2(d) specifies that a law made under clause (1) may "exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136," with respect to the disputes referred to in clause (1). No presidential approval or limitation to subordinate courts is mentioned.
- 4. (D) Clause 2(b) authorises Parliament to specify the jurisdiction and powers of the tribunals, explicitly including "the power to punish for contempt." The Article does not grant tribunals power to amend the Constitution, try criminal cases generally, or deal with international treaty adjudication.
- 5. (A) Clause (3) states that the provisions of this article "shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force," meaning the Article's provisions operate despite inconsistencies with other constitutional provisions or laws. It does not state that tribunals must avoid conflicts or that courts' jurisdiction is preserved.
- 6. (C) The Explanation to Article 323B defines "appropriate Legislature" as Parliament or, as the case may be, a State Legislature competent to make laws with respect to such matter in accordance with the provisions of Part XI. Thus it is not limited to Parliament or an arbitrary body.
- 7. (A) Clause (2)(h) expressly includes "rent, its regulation and control and tenancy issues" among the matters for which tribunals may be provided. The other options are not listed in clause (2).
- 8. (B) Clause (3)(d) explicitly permits exclusion of the jurisdiction of all courts "except the jurisdiction of the Supreme Court under article 136." Therefore a law cannot validly exclude review by the Supreme Court under Article 136 by relying on clause (3)(d).
- 9. (D) Clause (3)(e) permits a law to provide for the transfer to such tribunal of cases pending before any court or other authority immediately before establishment, if those cases would have been within the tribunal's jurisdiction had the causes of action arisen after establishment.
- 10. (C) Clause (1) provides that the "appropriate Legislature" may, by law, provide for tribunals in respect of matters listed in clause (2), and the Explanation defines appropriate Legislature as Parliament or a State Legislature competent under Part XI. Thus creation is limited to the legislature having competence over the matter.