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DISTRICT COURT-

IN EACH STATE THERE ARE SUBORDINATE COURTS


BELOW THE HC. THE SUBORDINATE COURTS ARE
IMPORTANT AS THEY ARE IN CLOSE CONTACT WITH
PEOPLE.

ARTICLE 233 – APPOINTMENT OF DISTRICT JUDGES-


1.APPOINTMENT, POSTING AND PROMOTION OF
DISTRICT JUDGES IN A STATE ARE MADE BY THE
GOVERNOR IN CONSULTATION WITH HC.

2.A PERSON IS QUALIFIED TO BE APPOINTED AS


DISTRICT JUDGE WHEN-
(i) HE HAS BEEN FOR NOT LESS THAN 7 YEARS AS
ADVOCATE, AND
(ii)HE IS RECOMMENDED BY THE HC FOR SUCH
APPOINTMENT.
ARTICLE 235- HC CONTROL OVER DISTRICT AND
SUBORDINATE COURTS-

ACCORDING TO THIS ARTICLE, THE CONTROL OVER


DISTRICT AND SUBORDINATE COURTS IS VESTED IN
HC INCLUDING THE POSTING AND PROMOTION OF,
AND THE GRANT OF LEAVE TO, PERSONS BELONGING
TO THE STATE JUDICIAL SERVICE, AND HOLDING A
POST INFERIOR TO THAT OF A DISTRICT JUDGE.

THIS ARTICLE IS NOT CONSTRUED TO TAKE AWAY


FROM ANY SUCH PERSON ANY RIGHT TO APPEAL
WHICH HE MAY HAVE UNDER THE LAW REGULATING
HIS CONDITIONS OF SERVICE.
TRIBUNAL
A TRIBUNAL IS A QUASI- JUDICIAL BODY, EXERCISING SOME
JUDICIAL FUNCTION. QUASI JUDICIAL MEANS ANY BODY
WHICH IS NOT PURELY ADMINISTRATIVE OR EXECUTIVE
OR LEGISLATIVE IN NATURE WITHOUT EXERCISING ANY
JUDICIAL FUNCTIONS. IT IS NOT A FULL- FLEDGED COURT.
TRIBUNALS ARE SET UP WHEN NECESSARY LEGISLATION
IS ENACTED FOR THE PURPOSE BY CONCERNED
LEGISLATION.

ARTICLE 323 A AND 323 B PROVIDE FOR TRIBUNAL SYSTEM


IN INDIA.

ARTICLE 323 A- ADMINISTRATIVE TRIBUNALS


1. PARLIAMENT MAY BY LAW PROVIDE FOR THE
ADJUDICATION OR TRIAL BY ADM TINISTRATIVE
TRIBUNALS OF DISPUTES AND COMPLAINTS WITH
RESPECT TO RECRUITMENT AND CONDITIONS OF SERVICE
OF PERSONS APPOINTED TO PUBLIC SERVICES AND POSTS
IN CONNECTION WITH AFFAIRS TO UNION OR OF ANY
STATE OR OF ANY LOCAL OR OTHER AUTHORITY.
2. A LAW MADE UNDER CLAUSE (1) MAY,
(a) PROVIDE FOR ESTABLISHMENT FOR UNION AND FOR
EACH STATE OR FOR TWO OR MORE STATES.
(b) SPECIFY THE JURISDICTION, POWERS AND
AUTHORITY WHICH IT MAY EXERCISE.
(c) PROVIDE FOR THE PROCEDURE TO BE FOLLOWED BY
TRIBUNALS.
(d) PROVIDE FOR THE TRANSFER OF CASES BEFORE ANY
COURT OR OTHER AUTHORITY

ARTICLE 323 B- TRIBUNALS FOR OTHER MATTERS-


1. THE APPROPRIATE LEGISLATURE MAY, BY LAW,
PROVIDE FOR THE ADJUDICATION OR TRIAL BY
TRIBUNALS OF ANY DISPUTES, COMPLAINTS, OR
OFFENCES WITH RESPECT TO ANY MATTER
SPECIFIED IN CLAUSE (2)
2. THE MATTERS REFERRED TO IN CLAUSE (1) ARE, NAMELY-
(a) LEVY, ASSESMENT, COLLECTION AND ENFORCEMENT OF
ANY TAX,
(b) FOREIGN EXCHANGE, IMPORT AND EXPORT ACROSS
CUSTOMS FRONTIERS,
(c) INDUSTRIAL AND LABOUR DISPUTES
(d) LAND REFORMS
(e) CEILING ON URBAN PROPERTY
(f) ELECTIONS TO PARLIAMENT OR STATE LEGISLATURE
(g) PRODUCTION, PROCUREMENT, SUPPLY AND
DISTRIBUTION OF FOODSTUFF AND OTHER ESSENTIAL
GOODS AND CONTROL OF PRICES OF SUCH GOODS
(h) RENT, REGULATION OF TENANCY ISSUES INCLUDING THE
RIGHT, TITLE AND INTEREST OF LANDLORDS AND
TENANTS
(i) OFFENCES AGAINST LAWS WITH RESPECT TO THESE
MATTERS.
IN UOI Vs DELHI HC BAR ASSOCIATION, SC HAS RULED
THAT PARLIAMENT HAS POWER TO ENACT THE LAW
IN QUESTION. THE PARLIAMENT HAS POWER TO
ESTABLISH A TRIBUNAL FOR ANY OTHER MATTER
NOT COVERED UNDER THESE SECTIONS.

ARTICLE 136(1)- APPEALS FROM TRIBUNALS-


IT EMPOWERS THE SC TO HEAR APPEALS FROM
TRIBUNALS

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