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Special Provisions for SCs, STs & SEBCs: Articles 331–340

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⚖️ TRIBUNALS, SCs, STs & SEBCs — Articles 323A–323B & 341–342A

TRIBUNALS, SCs, STs and SEBCs
ARTICLES 323A – 323B
ARTICLES 341 – 342A

📌 Topics Covered

  • Scheduled Castes
  • Scheduled Tribes
  • Socially and educationally backward classes
  • Administrative Tribunals
  • Tribunals For Other Matters

President may specify castes, races or tribes with respect to any State to be deemed as Scheduled Castes for that State.
President may specify tribes or tribal communities with respect to any State to be deemed as Scheduled Tribes for that State.
President may specify for any State the socially and educationally backward classes which shall be deemed to be socially and educationally backward classes for that State.

Delhi Law Academy Jaipur presents below for aspirants of RJS, DJS, PCS (J) and other Judicial Services throughout India a simplified Note on provisions relating to Administrative and Other Tribunals as contained in Part XIVA of our Constitution, as also on Notifications relating to Scheduled Castes, Scheduled Tribes and Socially and educationally backward classes.

📘 Constitutional Provisions

⚖️ ADMINISTRATIVE TRIBUNALS

Section 323A(1)
Parliament may by law
– provide for adjudication or trial by administrative tribunals
– of disputes and complaints
– with respect to recruitment and conditions of service
– of persons appointed to public services of the Union or any State or any local or other authority or any corporation owned or controlled by Govt

Section 323A(2)
• A law so made

  • (a) may provide for establishment of an administrative tribunal for the Union and a separate administrative tribunal for each State
  • (b) may specify jurisdiction, powers (including contempt powers) and authority
  • (c) may provide procedure including limitation and rules of evidence
  • (d) may exclude jurisdiction of all courts except Supreme Court under Article 136
  • (f) repeal or amend any order made under Article 371D(3)

Section 323A(3)
Provisions of this article shall have effect notwithstanding anything in other provisions of this Constitution or in any other law

⚖️ TRIBUNALS FOR OTHER MATTERS

Section 323B(1)
Appropriate Legislature may by law provide for adjudication or trial by tribunals of disputes, complaints or offences with respect to matters listed in clause (2)

Section 323B(2)
Matters include:

  • Taxes
  • Foreign exchange, import/export
  • Labour disputes
  • Land reforms and ceilings
  • Urban property ceiling
  • Elections (excluding Articles 329 & 329A)
  • Food-stuffs distribution and prices
  • Rent control & tenancy issues

Section 323B(3)
Law may:

  • Provide hierarchy of tribunals
  • Specify jurisdiction and powers
  • Provide procedure and evidentiary rules
  • Exclude jurisdiction of courts except SC under Art 136

Section 323B(4)
Article has overriding effect over all other laws

Explanation:
“Appropriate Legislature” = Parliament or State Legislature competent to make laws on that matter

🟦 Article 341 — Scheduled Castes

President may specify by notification castes/races/tribes for each State/UT as Scheduled Castes.
Parliament may include/exclude from the list.

🟧 Article 342 — Scheduled Tribes

President may specify tribes/communities for each State/UT as Scheduled Tribes.
Parliament may include/exclude from the list.

🟩 Article 342A — Socially & Educationally Backward Classes

President may specify SEBCs for each State/UT, after consulting the Governor for States.
Parliament may modify the Central List of SEBCs.

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✅ FAQs on Tribunals, SCs, STs & SEBCs

📘 What is the difference between Administrative Tribunals under Article 323A and other tribunals under Article 323B?
Article 323A covers *only* service-related disputes of government employees, while Article 323B empowers Parliament and State Legislatures to create tribunals for areas like taxation, land reforms, labour disputes, foreign exchange, elections, rent control and more.

⚖️ Can High Courts review decisions of tribunals created under Articles 323A and 323B?
High Court jurisdiction can be excluded by law under Articles 323A(2)(d) and 323B(3)(d), except the power of the Supreme Court under Article 136. However, judicial review under Articles 32 and 226 is part of the basic structure and cannot be completely ousted.

🟦 How does the President decide which castes are included in the Scheduled Castes list?
Under Article 341, the President issues a public notification after consulting the Governor of the State. Any future inclusion or exclusion can be done *only* by Parliament through legislation.

🟧 How are Scheduled Tribes identified under Article 342?
The President specifies tribes or tribal communities for each State/UT through a notification. Parliament alone has the power to add or remove names from the list; States cannot modify it independently.

🟩 What is the meaning of “Socially and Educationally Backward Classes” (SEBCs) under Article 342A?
SEBCs are communities that are socially and educationally disadvantaged. Under Article 342A, the President specifies these classes for each State/UT after consulting the Governor, and Parliament controls additions or deletions to the Central List.

📜 Do tribunals created under Articles 323A and 323B replace regular courts?
No. Tribunals supplement the court system for specialised matters. Their orders can still be challenged before the Supreme Court (Article 136), and High Court review remains available on constitutional grounds.

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